CLA-2-91:S:N:N8:344 806053
Ms. Patricia A. Haleman
SMH (US) Inc.
1817 William Penn Way
Lancaster, PA 17604
RE: The tariff classification and marking of a quartz analog
clock fitup from Germany.
Dear Ms. Haleman:
In your letter dated January 17, 1995, you requested a
tariff classification and marking ruling.
The submitted sample is a clock fitup containing a quartz
analog, battery powered clock or watch movement. The fitup is
assembled with hands and dial and is enclosed in a plastic case
for insertion into a clock case.
If the clock fitup has a watch movement(movement does not
exceed 12mm in thickness and 50 mm in width, length or diameter),
the applicable subheading will be 9103.10.40, Harmonized Tariff
Schedule of the United States (HTS), which provides for Clocks
with watch movements, excluding clocks of heading 9104: Battery
powered: Other: Having no jewels or only one jewel in the
movement. The rate of duty will be 34 cents each plus 6.4% on the
case plus 4.9% on the battery. You have stated that the battery
will not be imported with the clock fitup.
If the clock fitup has a clock movement(movement exceeds
12mm in thickness or 50 mm in width, length or diameter, or both)
the applicable subheading will be 9105.91.80, HTS, which provides
for Other clocks: Other: Battery or AC powered: Other. The rate
of duty will be 30 cents each plus 6.9% on the case plus 5.3% on
the battery. You have stated that the battery will not be
imported with the clock fitup.
You have asked in your letter if the clock fitup is properly
marked. You have marked the face of the dial "Made in Germany."
This marking is in compliance with Section 304, Tariff Act of
1930. You have marked your movement "Hermle", "W.Germany,"
"No(0)Jewels." This marking is in compliance with the Special
Marking Requirements outlined in Chapter 91. However, you have
not marked the back of the clock fitup case with the name of the
country of manufacture, as required by the Special Markings
Requirements in Chapter 91.
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