The tariff classification of quartz analog wrist watch with interchangeable straps

NY G86969 February 26, 2001 CLA-2-91:RR:NC:MM:114 G86969 CATEGORY: Classification TARIFF NO.: 9102.11.10 Mr. Arlen T. Epstein Tompkins & Davidson, LLP Counselors At Law One Astor Plaza 1515 Broadway New York, New York 10036-8901 RE: The tariff classification of quartz analog wrist watch with interchangeable straps Dear Mr. Epstein: In your letter dated February 1, 2001, on behalf of Movado Group, you requested a tariff classification ruling on a quartz analog wrist watch with interchangeable straps. An illustrative, non-functioning prototype sample of the Tommy Hilfiger Watch and Strap Set was submitted with the ruling request. The submitted Tommy Hilfiger Watch and Strap Set is a wrist watch that will be imported and sold packaged in a display box with four textile bands. The watch is a battery operated quartz analog wrist watch in a round shiny gold-plated base metal case with a stainless steel back. You have stated in your letter that the case is plated with 1.5 microns of 18K gold. There is one jewel in the movement. The face of the watch features the traditional Arabic numbers 1 through 11 around the periphery corresponding to the hours of the day. The Tommy Hilfiger logo is located at the 12 o’clock position. The watch has a round white dial with black numbers, and gold tone hour and minute hands. The dial also features an imprinted circular band located inside the numerals divided into 60 equal spaces indicating minutes. The name “Tommy Hilfiger” is printed in the lower portion of the circular band. The watch features an interchangeable textile watch strap with a gold-plated metal buckle. The strap is secured in place to the watch case by means of spring loaded metal pins located on the top and bottom of the case. You have stated that the movement is made in Thailand. The watch will be imported and sold with four interchangeable textile watch straps. The straps differ in color and pattern, and are made in China. Each watch strap measures approximately 9 inches in length and features a gold-plated metal buckle. The retail box will be made in China. The watch and watch straps are secured within the box by elastic straps. The watch and straps will be imported and sold packaged in a retail box. You have indicated in your letter that Movado Group contemplates importing the Tommy Hilfiger Watch and Strap Set from Thailand. You have inquired as to the sufficiency of proposed country of origin marking of the Tommy Hilfiger Watch and Strap Set. You have indicated that the Movado Group proposes to satisfy the marking statue, section 304 of the Tariff Act of 1930, as amended (19 U.S.C. § 1304), by means of placing a securely affixed adhesive sticker on the back of the box. The marking would state “Watch made in Thailand. Watch straps and box made in China” in clearly visible and conspicuous size type lettering. As the Tommy Hilfiger Watch and Strap Set will only be imported and sold in its presentation box, it is the opinion of this office that this proposed § 304 marking meets the requirements of the marking statute. You have indicated in your letter that the prototype submitted in not marked in accordance with the additional special marking requirements pursuant to additional U.S. note 4 to Chapter 91 of the Harmonized Tariff Schedule of the United States. You have stated that the actual merchandise will be properly marked. Your sample is being returned as requested. The applicable subheading for the Tommy Hilfiger Watch and Strap Set will be 9102.11.10, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; wrist watches, electrically operated, 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 percent ad valorem on the case plus 14 per cent ad valorem on the strap, band or bracelet plus 5.3 percent ad valorem on the battery. 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 212-637-7058. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division