MAR-2 OT:RR:NC:N1:113
Mr. Luca Hickman
Fresh Coast Holdings, LLC
26704 Little John Ct., Unit 51
Bonita Springs, FL 34135
RE: THE COUNTRY OF ORIGIN AND COUNTRY OF ORIGIN MARKING OF WATCHES
Dear Mr. Luca:
This is in response to your letter dated June 10, 2018, requesting a ruling on the country of origin and the country of origin marking for watches. A marked sample was not submitted with your letter for review.
You indicated in your letter that your company is in the process of developing a wrist watch. You stated that the mechanical movement will be made in Switzerland and the watch dial (i.e., the watch face) will be made of Australian or Tahitian mother of pearl with finishing (i.e., ink-printing) completed in Canada. The country of origin of the stainless steel watch band, the stainless steel watch case and the watch hands is unknown. The components will be assembled in the United States.
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 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.
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 any 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.
We note that the country of origin of a watch is the country of manufacture of the watch movement, and that the subject mechanical movement will be made in Switzerland. Therefore, the country of origin of the watch under consideration will be Switzerland.
You are proposing to have the country of origin marked on the watches by having the word Swiss engraved on the watch movement and the words Swiss Made printed on the watch dial (i.e. the watch face). You stated that “With respect to proposed marking, the watch case includes a clear backing, i.e., the Swiss engraving on the movement will be visible through the clear backing of the watch…the watch dial features the words Swiss Made.”
Since there is limited information relating to the special marking requirements, we cannot issue a marking ruling on the special marking requirements of Chapter 91 of the Harmonized Tariff Schedule of the United States. However, the marking on the dial of the watch with Swiss Made is conspicuous, legible and permanent in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Therefore, the proposed marking for the watches is acceptable for country of origin marking purposes under 19 U.S.C. 1304.
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 Ann Taub at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division