MAR-2-RR:NC:TP:344 817202
Ms. Maureen E. Gray
Barthco International, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153
RE: The Marking Requirements for a clock.
Dear Ms. Gray:
In your letter dated November 29, 1995, on behalf of Orrefors, you requested a ruling on the marking for clocks.
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 and clocks must be marked in accordance with Chapter 91, U.S. Note 4 of the Harmonized Tariff Schedule of the United States (HTSUS) ,which states, in part,:
4. Special Marking Requirements: With the following exceptions, any movement or case provided for in this chapter, whether imported separately or attached to an article provided for in this chapter, shall not be permitted to be entered unless conspicuously and indelibly marked by cutting, die-sinking, engraving, stamping or mold-marking (either indented or raised), as specified below. Movements with opto-electronic display only and cases designed for use therewith, whether entered as separate articles or as components of assembled watches or clocks, are excepted from the marking requirements set forth in this note. The special marking requirements for clocks and watches are, in part, as follows:
(A) Watch movements shall be marked on one or more of the bridges or top plates
to show:
(i) the name of the country of manufacture;
(ii) the name of the manufacturer or purchaser; and
(iii) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings.
(c) Clock cases provided for in this chapter shall be marked on the most visible part of the outside of the back to show the name of the country of manufacture.
You have submitted three samples - a watch movement and two clocks. The watch movement is the movement which is being used for these clocks.
The plate of the watch movement is die-sunk "4 FOUR JEWELS, SWISS and RONDA". The clock cases are marked with an adhesive sticker on the front and an etched shield on the base bottom "Orrefors Sweden". The clock dial is marked "Swiss Movement".
The above marking for the watch movement is acceptable for the Special Marking Requirements. The above marking for the clock case is not acceptable for the Special Marking Requirements. The marking must be on the outside of the back of the case. Etching would be an acceptable method, however, the use of an adhesive label would not be acceptable. The above marking for the dial is acceptable for Section 304 purposes.
This ruling is being issued under the provisions of Section 177 of the Customs 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, contact National Import Specialist Stanley Schwartz at 212-466-5895.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division