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[NY K86762


June 29, 2004
MAR-2 RR:NC:MM:114 K86762

CATEGORY: MARKING

Mr. Bob King
Access Business Group International LLC
7575 Fulton Ave. SE
Ada, Michigan 49355

RE: THE COUNTRY OF ORIGIN MARKING OF WATCHES

Dear Mr. King:

This is in response to your letter dated June 18, 2004 requesting a ruling on marking of a ladies wrist watch model 60-6690. A sample was submitted with your letter for review and is being returned as requested.

The watch movement and the watch battery are made in Japan. The case and the wrist strap are made in China. The watch is assembled, packed and shipped from China. The submitted sample of the watch is marked “Japan Movt” on the dial. The outside back of the case is marked “Made in China”.

The marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

The country of origin of a watch or clock is the country of manufacture of the watch or clock movement. The addition of the hands, dial, case, or watchband add definition to the time piece but do not change the character or use of the watch or clock movement which is the essential component of the watch or clock. In order to satisfy the requirements of 19 U.S.C 1304, a watch must be legibly marked with the name of the country of manufacture of the watch movement in a conspicuous place.

Section 134.43(b), Customs Regulations (19 CFR 134.43(b)), in conjunction with section 11.9, Customs Regulations (19 CFR 11.9), provides that watches must be marked in accordance with the special marking requirements set forth in Chapter 91, Additional U.S. Note 4 of the Harmonized Tariff Schedule of the United States (HTSUSA) (19 U.S.C. 1202). This note requires that any watch movement, or case provided for in the subpart, whether imported separately or attached to any article provided for in the subpart, shall not be permitted to be entered unless conspicuously and indelibly marked by cutting, die-sinking, engraving, stamping, or mold-marking (either indented or raised), as specified in the provisions of this note. This marking is mandatory. Customs has no authority for granting exceptions to the special marking requirements for watches.

Section (a) of Additional U.S. Note 4 requires that watch movements shall be marked on one or more of the bridges or top plates to show the name of the country of manufacture and the name of the manufacturer or purchaser; and, in words, the number of jewels, if any servicing a mechanical purpose as frictional bearings. Section (c) of Additional U.S. Note 4 requires that watch cases shall be marked on the inside or outside of the back to show the name of the country of manufacture, and the name of the manufacturer or purchaser. The country of manufacture in these requirements refers to where the movements and cases are manufactured rather than where the watch was made. The special marking must be accomplished by one of the methods specified in the Additional U.S. Note 4, and using stickers is not an acceptable alternative.

The proposed marking of the dial with the words “Japan Movt” meets the country of origin marking requirements of Section 304, Tariff Act of 1930 as amended (19 U.S.C. 1304). Regarding Additional U.S. Note 4 of chapter 91, HTSUSA, the watch is not properly marked. Watch cases must be marked on the inside or outside of the back to show the name of the country of manufacture and the name of the manufacturer or purchaser. In this situation, the watch case should state “Case China” and show the name of the manufacturer or purchaser on the inside or outside of the back of the case. In addition, the watch movement must be marked with the name of the country of manufacture, the name of the manufacturer or purchaser and the number of jewels, if any, serving a mechanical purpose as frictional bearings.

This ruling is being issued under provision of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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