CLA-2:91:S:N:N3G:344 863218
Mr. Gordon R. Whitlock
Etched in Time, Inc.
4665 S. Ash Ave., Suite G5
Tempe, AZ 85282
RE: Quartz analog wrist watches from Taiwan: classification;
marking.
Dear Mr. Whitlock:
In your letter of April 29, 1991, you asked for a ruling on
the tariff classification and the markings required on certain
quartz analog wrist watches to be imported from Taiwan.
Three samples were submitted with your letter. One is a
lady's watch and the other two are mens' watches. All three are
battery-operated quartz analog wrist watches with gold-plated
cases and leather wrist bands.
The lady's watch and one man's watch contain ETA 6 3/4 x 8
ligne watch movements with no (0) jewels. The ETA movement is
made in Thailand utilizing Swiss movement parts. The other man's
watch has a Miyota 6 3/4 x 8 ligne movement containing one
antifriction jewel. The Miyota movement is made in Japan.
After importation you will replace the watch dials with
dials made by you in Tempe, Arizona. These custom-made dials will
bear your customers' logos.
The applicable subheading for the sample quartz analog wrist
watches will be 9102.11.30, Harmonized Tariff Schedule of the
United States (HTS), which provides for wrist watches, battery
powered, whether or not incorpor- ating a stop watch facility:
with mechanical display only: having no jewels
or only one jewel in the movement: other: other: with gold- or
silver-plated case. The rate of duty will be 44 cents each plus
6% on the case plus 2.8% on the strap, band or bracelet plus 5.3%
on the battery.
Your watches must be marked to indicate the name of the
countryoforigin, as required by section 304 of the Tariff Act of
1930, as amended (19 U.S.C.1304). The country of origin marking
may be placed on the face of the dial or on the outside surface
of the back cover of the watch case.
For purposes of section 304, the country of origin of a
watch is the same as the country of origin of its movement. For
your watches containing movements assembled in Thailand, the
country of origin is Thailand and for the watches with Miyota
movements the country of origin is Japan.
Accordingly, the watches with movements assembled in
Thailand should be marked "Thailand" or "Thai movement". The
watches with Miyota movements should be marked "Japan" or "Japan
movement". Because you are replacing the watch dials, the
country of origin on your watches should be marked on the
outside surface of the back cover of the watch case.
The leather watch strap must also be marked to show the name
of the country of origin of the strap.
Additionally, your watches must be marked as required by the
Special
Marking Requirements of chapter 91, U.S. note 4, HTS.
U. S. note 4, chapter 91, specifies that the special
markings are to conspicuously and indelibly marked by cutting,
die-sinking, engraving, stamping or mold-marking (either indented
or raised), as follows:
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 [of the
movement];
(ii) the name of the manufacturer [of the movement] or
purchaser; and
(iii) in words, the number of jewels, if any, serving a
mechanical purpose as frictional bearings.
Watch cases shall be marked on the inside or the outside of
the back to show:
(i) the name of the country of manufacture [of the watch
case]; and
(ii) the name of the manufacturer [of the watch case] or
purchaser.
The ETA and the Miyota watch movements in your sample
watches have all the required special markings and both are
therefore legally marked. The watch cases are not marked with the
two special markings specified above and are therefore not
legally marked.
The sample watches are being returned to you.
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