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

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
Minneapolis International
14800 Charlson Road
Suite 400
Eden Prairie, MN 55347-5048

RE: The tariff classification of wrist watches from China.

Dear Mr. Anderson:

In your letter dated March 19, 2008, on behalf of Import Specialties, Inc., you requested a tariff classification ruling. Samples of the wrist watches were submitted with your ruling request.

Model number AC 8048G, part number 44203, is a men’s analog wrist watch. The wrist watch features twenty three carat gold plated stainless steel metal watch bracelet and case. The wrist watch has a 20 jewel automatic winding movement. The dial face is adorned with six diamonds and hour, minute and second hands and a day indicator. The wrist watch is water resistant to 166 feet.

Model number AC 2857, part number 44201, is a men’s analog wrist watch. The wrist watch features a stainless steel case with a leather band. The wrist watch has a 20 jewel automatic winding movement. The dial indicates the hour, minutes and seconds hands. The three smaller dials indicate the day of the week, the month and the military time by the hour with a numerical day of the month indicator.

The applicable subheading for model number AC 8048G, part number 44203, men’s analog wrist watch will be 9102.21.70, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; other wrist watches, whether or not incorporating a stop watch facility; with automatic winding; having over 17 jewels in the movement; with strap, band or bracelet of textile material or of base metal, whether or not gold- or silver-plated. The rate of duty will be $1.53 each plus 4.2 percent ad valorem on the case plus 9.8 percent ad valorem on the strap, band or bracelet.

The applicable subheading for model number AC 2857, part number 44201, men’s analog wrist watch will be 9102.21.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; other wrist watches, whether or not incorporating a stop watch facility; with automatic winding; having over 17 jewels in the movement; other. The rate of duty will be $1.53 each plus 4.2 percent on the case plus 2 percent on the strap, band or bracelet. 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/.

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

For your information, watches must be marked with the country of origin, in accordance with Section 304 of the Tariff Act of 1930. The country of origin of a watch is the country of origin of the movement of the watch. Watches must also be marked in accordance with the Special Marking Requirements of chapter 91 of the Harmonized Tariff Schedule of the United States (HTSUS). The Special Marking Requirements for watches, as stated in Note 4 to chapter 91, HTS, indicate that the watch’s movement must be marked on one or more of the bridges or top plates to show the name of the country of manufacture, the name of the manufacturer or purchaser, and the number of jewels, if any. The watch case 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. The Special Marking Requirements of chapter 91 must be accomplished by cutting, die-sinking, engraving, stamping (including by means of indelible ink), or mold-marking (either indented or raised). Marking by a pressure sensitive label is not acceptable for the purposes of the Special Marking Requirements of chapter 91. There are no waivers or exceptions granted for the Special Marking Requirements.

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,
National Commodity
Specialist Division