MAR-2:OT:RR:NC:N5:113
Mr. William Beames
Timex
555 Christina Road Middlebury, CT 06762
RE: Marking the back of watch cases with the phrase “American watchmaker”
Dear Mr. Beames:
This is in response to your letter dated November 21, 2023, requesting a ruling on whether the proposed marking "American watchmaker established in 1854" is an acceptable marking for the outside of the case back of an imported wrist watch. You also asked if there are other agency requirements for watches. A picture of the marked case back was submitted with your letter for our review.
You stated that “Timex Group USA plans to purchase and import a quartz analog watch of Philippine origin. The origin markings will be a sticker where the consumer will see them at point of sale…The watch markings for the movement and strap will be visible through a space in the consumer packaging by way of a UPC label.” You indicated the outside of the stainless steel case back will be marked with the phrase "American watchmaker established in 1854". This marking will not be visible through the packaging, but will only be visible when the consumer opens the packaging.
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 (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its 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 adds definition to the time piece but does not change the character or use of the watch or clock movement. 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.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
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 (HTSUS) (19 U.S.C. 1202). This note requires that any watch or clock movement, or watch or clock 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 (including by means of indelible ink), 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, the name of the manufacturer or purchaser; and, in words, the number of jewels, if any serving 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 cover 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 Chapter 91, Additional U.S. Note 4, and using stickers is not an acceptable alternative.
In this case, you proposed marking the outside of the watch case back with the phrase "American watchmaker established in 1854". If reference is made to another country or locality other than the country of origin, the requirements of 19 CFR 134.46 must be met. 19 CFR 134.46 states that “In any case in which the words United States or American, the letters U.S.A., any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by Made in, Product of, or other words of similar meaning.” The close proximity requirement has been interpreted to mean the same surface or the same side in which the name of the locality other than the country of origin appears. In HQ 735251, dated October 7, 1993, Customs indicated that in the case of watches, the word "Movement" or an abbreviation for it would be the equivalent of "Made in".
The proposed marking for the outside of the case back with the phrase "American watchmaker established in 1854" does not satisfy the marking requirements of 19 CFR 134.46 and is not acceptable for the country of origin marking for the imported watches. In order to satisfy the requirements of Section 304, the country of origin of the watches must appear in close proximity and in lettering of comparable size to the phrase "American watchmaker established in 1854".
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Ann Taub at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division