MAR-2 OT:RR:NC:N4:414
Mr. William Beames
Timex Group USA
555 Christian Road
Middlebury, CT 06762
RE: THE COUNTRY OF ORIGIN MARKING OF WATCHES
Dear Mr. Beames:
This is in response to your letter dated January 23, 2013 requesting a ruling on the country of origin marking for a watch. A sample was submitted with your letter for review and is being returned as requested. The sample is not marked with country of origin.
Model A18666G is a man’s wrist watch. The wrist watch has a quartz analog movement and an opto-electronic movement. The country of origin for the quartz analog movement is Thailand and the country of origin for the opto-electronic movement is China. The time is displayed by the analog display and by liquid crystal displays. Both of the movements display the time of day in hours, minutes and seconds.
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.
This watch contains two movements. Each of the movements displays the time in hours, minutes and seconds. The country of origin marking for this watch is both countries of origin. The watch should be marked “Analog Movement-Thailand” and “Opto-electronic Movement-China”, or with similar words. Customs normally permits any reasonable method of marking that will remain on the article during handling until it reaches the ultimate purchaser. Marking with secure self-adhesive labels or with hangtags is acceptable, as long as the labels or hangtags will reach the ultimate purchaser of the watch. If paper sticker labels or hangtags are used, Section 134.44, Customs Regulations (19CFR 134.44) provides they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser.
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 my 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.
The watch contains two movements, a quartz analog movement and an opto-electronic movement. The special marking requirements of Chapter 91, Additional U.S. Note 4 of the HTSUS apply to the quartz analog movement. The quartz analog movement and the watch case must be marked as stated in the paragraph above by one of the methods stated above, which are cutting, die-sinking, engraving, stamping (including by means of indelible ink), or mold-marking (either indented or raised). The opto-electronic movement is excepted from the special marking requirements of the Chapter 91, Additional U.S. Note 4 of the HTSUS.
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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division