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NY N019814

November 29, 2007

CLA-2-91: RR: NC: 1:114


TARIFF NOS.: 9103.10.40
Mr. Bradley Menard
Fossil Partners
2280 N. Greenville Ave.
Richardson, TX 75082

RE: The tariff classification of a travel clock from Thailand and Japan.

Dear Mr. Menard:

In your letter dated November 8, 2007, you requested a tariff classification ruling. A sample of style AR6003 was submitted with the ruling request and will be returned as requested.

The Emporio Armani, style AR6003, consists of two time pieces permanently connected to form a travel clock. The Rhonda 505.2-6-12 ST is a battery operated timepiece (three hand date) with analog movement containing one jewel and the Myiota 6L71 is a battery operated alarm timepiece with analog movement containing no jewels. Batteries are included. You indicate that the two time pieces will be marketed for retail sale as a travel clock. The two time pieces are clocks with watch movements for tariff classification purposes.

The applicable subheading for the travel clock will be 9103.10.40, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Clocks with watch movements, excluding clocks of heading 9104: Battery powered: Other: Having no jewels or only one jewel in the movement. The rate of duty will be 24 cents each plus 4.5% on the case plus 3.5% on the battery.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

For your information, the travel clock must be marked with the country of origin under 19 U.S.C. 1304 and under the country of origin Special Marking Requirements of chapter 91 of the Harmonized Tariff Schedule of the United States.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. For country of origin marking purposes under 19 U.S.C. 1304, Customs considers the country of origin of a watch to be the country of manufacture of the watch movement. The country of origin marking for a watch may be placed on the face of the dial or on the outside surface of the back cover of the watch case.

      Section 134.43(b), Customs Regulations (190 CFR 134.43(b), in conjunction with 19 CFR 11.9, provides that watches must be marked in accordance with the Special Marking Requirements set forth in Additional Note 4, Chapter 91, HTSUS. This note requires that any watch movement or case provided for in the chapter, whether imported separately or attached to an article provided for in the chapter, 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 language is mandatory. Customs has no authority to grant exemptions to the Special Marking Requirements for watches.

      Section (a) of Additional Note 4 requires that watch movements be marked on one or more of the bridges or top plates to show: (1) the name of the country of manufacture; (2) the name of the manufacturer or purchaser; and (3) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings. Section (c) of Additional Note 4 requires that watch cases shall be marked on the inside or outside of the back cover to show: (1) the name of the country of manufacture; and (2) the name of the manufacturer or purchaser.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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.


Robert B. Swierupski

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