CLA-2-91:RR:NC:MM:114 D81132
Ms. Lauren E. Hong
101 North Brand Boulevard
Suite 1000
Glendale, California 91203-2671
RE: The tariff classification and country of origin marking of
Mickey Pencil Cup Holder with Clock from Hong Kong
Dear Ms. Hong:
In your letter dated August 4, 1998, on behalf of The Disney
Store, Inc., you requested a tariff classification ruling on a
Mickey Pencil Cup Holder with Clock.
The submitted item is a combination Mickey Pencil Cup Holder
with Clock. The composition of the Mickey figure, pencil cup
holder and base is 80 percent polyester resin and 20 percent
calcium carbonate derived from natural stone powder. The stone
powder and the polyester resin are uniformly blended through the
body of the article. The Mickey figure measures approximately
6 1/4 inches in height, the pencil cup holder measures
approximately 3 1/2 inches in length and 2 5/8 inches in width,
and the pencil measures 7 inches in length. The Mickey figure
and the pencil cup holder are affixed to the base. A clock is
inset into the front of the pencil cup holder. The clock
measures approximately 1 1/2 inches in diameter and has a battery
operated quartz watch movement. There are no jewels in the
movement. The essential character of this composite article is
derived from the clock.
The applicable subheading for the Mickey Pencil Cup Holder
with Clock 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; electrically
operated; other; having no jewels or only one jewel in the
movement. The rate of duty will be 26 cents each plus 5 percent
ad valorem on the case plus 3.9 percent ad valorem on the
battery.
You have also asked for a ruling on U.S. Customs marking
requirements.
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 C.F.R. Part 134),
implements the country of origin marking requirements and
exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs
Regulations (19 C.F.R. 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.
Section 134.43(b), Customs Regulations (19 C.F.R.
134.43(b)), in conjunction with section 11.9, Customs Regulations
(19 C.F.R. 11.9), provides that clocks 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 (HTSUSA) (19 U.S.C. 1202). This
note requires that any clock or watch movement, or 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, or mold-marking
(either indented or raised), as specified in the provisions of
this note. This marking is mandatory. The Customs Service has
no authority for granting exceptions to the special marking
requirements for clocks or watches.
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 add definition to the time piece
but do not change the character or use of the watch or clock
movement which is the essential portion of the watch or clock.
In order to satisfy the requirements of 19 U.S.C. 1304, a clock
must be legibly marked with the name of the country of
manufacture of the movement in a conspicuous place.
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 (d) of Additional U.S. Note 4 requires that
clock cases shall be marked on the most visible part of the
outside of the back to show the name of the country of
manufacture. The special marking must be accomplished by one of
the methods specified in the Additional U.S. Note 4.
Accordingly, your clock cases must be marked Hong Kong or Made in
Hong Kong using one of the methods specified in the Additional
U.S. Note 4 on the most visible part of the outside of the back
of the Mickey Pencil Cup Holder with Clock.
Your sample is being returned as requested.
This ruling is being issued under the provisions of Part 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 Barbara
Kiefer at 212-466-5685.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division