CLA-2-91:OT:RR:NC:N4:414
Mr. Will Beames
Timex Group USA, Inc.
555 Christian Road
Middlebury, CT 06762
RE: The tariff classification and country of origin marking of a quartz analog and digital wrist watch
Dear Mr. Beames:
In your letter dated August 15, 2013 you requested a tariff classification ruling on a wrist watch. A sample of the watch was furnished with your request.
The item is a combination analog and digital wrist watch. It contains a quartz analog movement with no jewels and an opto-electronic module with a liquid crystal display. The quartz analog movement and the opto-electronic module are battery powered. Both movements display the time of day in hours, minutes and seconds. The watch case is made of plastic and the watch strap is made of polyurethane. There is no style number associated with the wrist watch at this time. It has a temporary name which is 20-20 Ana Digi.
The applicable subheading for the 20-20 Ana Digi wrist watch will be 9102.19.40, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Wrist watches, pocket watches, other watches, including stop watches, other than those of heading 9101: Wrist watches, electrically operated, whether or not incorporating a stop watch facility: Other: Having no jewels or only one jewel in the movement: Other. The rate of duty will be 32 cents each plus 4.8 percent on the case plus 2.2 percent on the strap, band or bracelet, plus 4.2 percent on the battery.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
You also requested a ruling on the country of origin marking under Section 304, Tariff Act of 1930, and under the special marking requirements for watches classified in chapter 91 of the HTSUS. The submitted prototype sample of the 20-20 Ana Digi wrist watch is marked “China movement” on the outside of the watch case back. The inside of the watch case back is marked “China Case”. The analog movement is marked “Japan”, “S. Epson Corp.” and “No Jewels”. The opto-electronic module is marked “China”.
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.
You state that the quartz analog movement is assembled in Japan of Japanese parts. The opto-electronic module is assembled in China with Japanese and Chinese parts. The submitted prototype sample of the 20-20 Ana Digi wrist watch is marked on the outside of the case back with “China movement”. This does not satisfy the country of origin marking requirements for watches. The watch should be marked with both countries of origin. “Analog Movement-Japan” and “Opto-electronic Movement-China”, or similar words, will satisfy the marking requirements of Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304).
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 by 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 opto-electronic movement is excepted from the special marking requirements of Chapter 91, Additional U.S. Note 4.
The special marking requirements of Chapter 91, Additional U.S. Note 4, apply to the quartz analog movement and the watch case back. The quartz analog movement of the submitted prototype sample of the 20-20 Ana Digi wrist watch and the watch case back are marked in accordance with the special marking requirements of Chapter 91, Additional U.S. Note 4.
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,
Myles B. Harmon
Acting Director
National Commodity Specialist Division