CLA-2-:91:S:N:N8:344 883853
Mr. Joel Greenstein
Premiums, Promotions & Imports, Inc.
Suite 234 - 2441 Bellevue Avenue
Daytona Beach, FL 32114
RE: The tariff classification of quartz analog wrist watches and
ball point pens from China.
Dear Mr. Greenstein:
In your letter of March 10, 1993, you requested a tariff
classification ruling on quartz analog wrist watches and ball point
pens.
You have submitted two hinged and fitted presentation boxes,
each containing two wrist watches and two metal ball point pens.
The watches in one box are battery powered quartz analog (a lady's
and a man's) having three jewels in the movement, with gold-plated
cases and leather bands. The watches in the other box are battery
powered quartz analog (a lady's and a man's) with gold-plated
bezels and a metal and gold-plated case and bracelet.
The lady's watch contains no jewels in the movement and the man's
watch contains one jewel in the movement.
The applicable subheading for the two wrist watches with
leather bands and three jewels in the movements will be 9102.11.70,
Harmonized Tariff Schedule of the United States (HTS), which
provides for wrist watches, battery powered whether or not
incorporating a stop watch facility: with mechanical display only:
Other: Other: with gold- or silver-plated case. The rate of duty
will be 80 cents each plus 6% on the case plus 2.8% on the strap,
band or bracelet plus 5.3% on the battery.
The applicable subheading for the two wrist watches with metal
and gold-plated cases and bracelets and one jewel and no jewels in
the movements will be 9102.11.10, HTS, which provides for wrist
watches, battery powered, whether or not incorporating a stop watch
facility: with mechanical display only: having no jewels or only
one jewel in the movement: with strap, band or bracelet of textile
material or of base metal, whether or not gold- or silver-plated:
with gold- or silver-plated case. The rate of duty will be 44
cents each plus 6% on the case plus 14% on the strap, band or
bracelet plus 5.3% on the battery.
The applicable subheading for the metal ball point pens will
be 9608.10.0000, HTS, which provides for ball point pens. The rate
of duty will be 0.8 cent each plus 5.4% ad valorem.
The value of the fitted presentation boxes, which are
considered to be packing and not separately classifiable, should
be prorated over the cost of the watches and ball point pens.
It is noted that all four of the watches in question bear the
word "Geneva" on the dial at the 12 o'clock position. Although you
have indicated to us by telephone that you will not be importing
these watches bearing the word "Geneva", we would remind you that
such marking is in violation of the country of origin marking
requirements of 19 U.S.C. 1304. Such marking would be misleading
to an ultimate purchaser in the U.S., inasmuch as the impression
imparted by "Geneva" is that the watch is a product of Switzerland
when in actuality the watch is a product of China.
In addition to the country of origin marking requirements,
watches must also comply with special marking requirements
contained in Chapter 91 of the HTSUSA, Note 4.
The leather bands and metal bracelets, as well as the ball
point pens, must also be marked with their countries of origin in
accordance with 19 U.S.C. 1304.
Your samples are being returned.
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