THE COUNTRY OF ORIGIN MARKING OF WATCHES

NY C88087 June 12, 1998 MAR-2 RR:NC:91:114 C88087 CATEGORY: MARKING Mr. Bill Anspach Seattle Watch Company 12835 Bel Red Road #100 Bellevue, WA 98005 RE: THE COUNTRY OF ORIGIN MARKING OF WATCHES Dear Mr. Anspach: This is in response to your letter dated May 14, 1998 requesting a ruling on whether the proposed marking "L.L. Bean, Freeport, Maine" on the back of various sport watches, without noting the country of origin of the watches in close proximity to the U.S. location, is acceptable for the purposes of Section 134.46 of the Customs Regulations. Seven samples were submitted with your letter for review. The wrist watches, models LLB#OCU49 through LLB#OCU55, are battery-operated quartz analog field watches. The watches have leather straps and are water resistant to 150 feet. Models LLB#OCU51 and LLB#OCU52 are women's watches; models LLB#OCU49, LLB#OCU50, LLB#OCU53, LLB#OCU54 and LLB#OCU55 are men's watches. 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 add definition to the time piece but do not change the character or use of the watch or clock movement which is the primary component of the watch or clock. 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. In this case, the movements of the field watches are manufactured in Japan. 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 (HTSUSA) (19 U.S.C. 1202). This note requires that any 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 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 manufacturer or purchaser; and, in words, the number of jewels, if any servicing 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 Additional U.S. Note 4, and using stickers is not an acceptable alternative. In this case, the reference to L.L. Bean, Inc., Freeport, Maine on the back of the case triggers the requirements of 19 CFR 134.46, which requires that if the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the articles were manufactured, or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual country or origin of the imported goods. The close proximity requirement has been interpreted to mean the same surface or the same side in which the name of the locality other than the country of origin appears. The proposed Section 304 marking of the imported watches does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not acceptable for the country of origin marking for the wrist watches. In order to satisfy the requirements of Section 304, the country of origin of the watches must appear in close proximity and in lettering of comparable size to the words "L.L. Bean, Inc., Freeport Maine." 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 212-466-5685. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division