Country of origin marking watches; marking watches withadhesive stickers; watch bands and straps; 19 CFR 134.41;

HQ 735052 April 16, 1993 MAR-2-05 CO:R:V:C 735052 RSD CATEGORY: MARKING Mr. Glen Bernstein HB Marketing Services 2 DE Geneve Candiac, Quebec J5R 3V3 Canada RE: Country of origin marking watches; marking watches with adhesive stickers; watch bands and straps; 19 CFR 134.41; Dear Mr. Bernstein: This is in response to your letter dated March 1, 1993, regarding the use of adhesive stickers to mark the country of origin of watches and watch bands. Samples of the stickers were submitted for our consideration. This ruling supplements HQ 734758 (March 1, 1993). Because we now have actual samples of the proposed stickers, we can rule on those issues not ruled on in HQ 734758. FACTS: On March 1, 1993, the Customs Service issued headquarters ruling (HQ) 734758, regarding the country of origin marking of watches that you intend to import with a Japanese movement and a band made in Hong Kong. In your letters requesting a ruling, you propose to mark the watches and watch bands with adhesive stickers. The country of origin of the leather watch straps will be marked with stickers which read "Made in Hong Kong". The watches themselves will be marked on the back cover of the watch case with adhesive stickers which read "JAPAN MOVEMENT". In HQ 734758, we stated that because the only samples of the stickers we had were poor quality phostatic copies, we could not rule on whether the stickers were conspicuous, legible, and permanent enough to satisfy the marking law. The marking on the adhesive sticker for the watch bands is in clear black block letters against a gold background. The marking on the sticker for the watch movement is in bold black block letters against a clear or transparent background. Both stickers are well stuck onto the paper of your letter and probably will not come off unless deliberately removed. ISSUE: Are the sample adhesive stickers that will be used to mark the country of origin of watches and watch bands sufficiently legible, permanent, and conspicuous to satisfy the country of origin marking law? LAW AND ANALYSIS: Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S, is able to find the marking easily and read it without strain. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed. The Customs Service normally permits any reasonable method of marking that will remain on the article during handling until it reaches the ultimate purchaser. This includes the use of paper stickers or pressure sensitive labels and string tags. See HQ 730500, March 10, 1990. If paper stickers or pressure sensitive labels are used, section 134.44, Customs Regulations (19 CFR 134.44), provides that they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser. In reviewing the submitted sample stickers, we find that the size is large enough and the letters are clear enough so that an ultimate purchaser could easily find the marking and read it without strain. Accordingly, if the stickers indicating the origin of the movement are placed on the outside of the back of the watch case, the conspicuousness and legibility requirements of 19 CFR 134.41 would be satisfied. Similarly, the stickers which indicate the country of origin of the watch band also can be seen and read easily and thus would also satisfy the conspicuous and legibility requirements of 19 CFR 134.41. Both sets of stickers appear from the samples to be capable of being securely enough affixed to stay on the watch case or the watch band until they reach the ultimate purchaser unless they were deliberately removed. Accordingly, we find that marking the country of origin of a watch or watch band through the use of the sample stickers is sufficiently permanent to satisfy the marking law. HOLDING: The sample adhesive stickers that will be used to mark the country of origin on watches and watch bands are sufficiently legible, conspicuous, and permanent to satisfy requirements of 19 U.S.C. 1304. HQ 734758 remains are unaffected. Sincerely, John Durant, Director Commercial Rulings Division cc: Assistant Area Director New York Seaport Area NIS Division