CLA-2:91:S:N:N3G:344 861726
Mr. Mark R. Kittel
Global Transportation Services, Inc.
7550 24th Avenue S., Suite #144
Minneapolis, MN 55450
RE: The tariff classification and marking of a wrist watch from
Hong Kong.
Dear Mr. Kittel:
In your letter of March 19, 1991, on behalf of Opal Time
USA, of Elk River, Minnesota, you requested a ruling on an opal
wrist watch to be imported from Hong Kong initially, and later to
be imported from Australia.
The submitted sample is a lady's battery-operated quartz
analog wrist watch with an opal dial in a gold-plated case with a
leather wrist band. There are five jewels in the movement.
Your sample is being returned as requested.
The applicable subheading for the opal wrist watch will be
9102.11.70, Harmonized Tariff Schedule of the United States
(HTS), which provides for wrist watches, battery powered, whether
or not incorporating a stop watch facility: with mechanical
display only: other: other: with gold- or silver-plated case.
The rate of duty will be 80 cents each plus 6% on the case plus
2.8% on the strap, band or bracelet plus 5.3% on the battery.
You have asked about special markings and the country of
origin marking requirements for your watch.
Watches are required to be marked in accordance with the
special marking requirements specified in chapter 91, U.S. note
4, HTS, and they must be marked to indicate the name of the
country of origin as required by section 304 of the Tariff Act of
1930, as amended (19 U.S.C. 1304).
U. S. note 4, chapter 91, requires that the special markings
are to conspicuously and indelibly marked by cutting, die-
sinking, engraving, stamping or mold-marking (either indented or
raised). Adhesive stickers (such as the sticker on the inside
surface of the back cover of your watch case) are not acceptable
for purposes of the special markings on watches.
The special marking requirements for your opal watch are as
follows:
(a) Watch movements shall be marked on one or more of the bridges
or top plates to show:
(i) The name of the country of manufacture [of the
movement];
(ii) the name of the manufacturer or purchaser; and
(iii) in words, the number of jewels, if any, serving a
mechanical purpose as frictional bearings.
(c) Watch cases shall be marked on the inside or the outside of
the back to show:
(i) the name of the country of manufacture [of the watch
case]; and
(ii) the name of the manufacturer or purchaser.
Following the decision in ruling letter 727638 LR (copy of
ruling attached) issued by Customs headquarters on April 17,
1985, the PUW and the ETA logos are acceptable for fulfilling the
special marking requirement to name the manufacturer of the
movement.
For purposes of section 304, the country of origin of a
watch is the same as the country of origin of its movement. This
marking may be placed on the face of the dial or on the outside
surface of the back cover of the watch case. An adhesive sticker
may be used for the section 304 marking so long as the sticker is
affixed so securely that unless deliberately removed it will
remain on the watch while it is storage or on display and until
delivered to the ultimate purchaser. This marking is intended to
enable the ultimate purchaser to make an informed purchase
decision based on the country of origin.
Please note that the watch movement in your opal watch is
not marked to indicate the name of the country of manufacture.
The special requirement of U.S. note 4(a)(i), chapter 91, HTS,
has therefore not been met. If the movement was assembled in
Hong Kong, the country of manufacture is Hong Kong and the
section 304 country of origin marking should be "Hong Kong" or
"Made in Hong Kong" (either on the dial or the outside surface of
the back cover).
The watch strap must also be marked to show the name of its
country of origin, as required by section 304, Tariff Act of
1930, as amended (19 U.S.C. 1304).
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport