THE COUNTRY OF ORIGIN MARKING OF KITCHEN TIMERS

N123855 October 8, 2010 MAR-2 OT:RR:NC:N4:414 CATEGORY: MARKING Ms. Shirley Schmidt Pier One Imports 100 Pier 1 Place, Level 9 Forth Worth, Texas 76102 RE: THE COUNTRY OF ORIGIN MARKING OF KITCHEN TIMERS Dear Ms. Schmidt: This is in response to your letter dated September 16, 2010 requesting a ruling on the country of origin marking for kitchen timers. Samples were submitted with your letter for review and will be returned to you as requested. You submitted two samples of mechanical kitchen timers. Model MT-319 is made of stainless iron and features a cone-shaped structure measuring approximately 3.2 inches in width by 3.2 inches in depth by 2.1 inches in height. It is calibrated from zero to sixty minutes. To start the timer, the stationary top half of the cone-shaped timer is held and the bottom half of the timer is turned clockwise to a pre-determined number of minutes. The timer counts down the number of minutes selected. There is no battery required. Model 31814 is made of 65 percent resin and 35 percent steel and is designed to resemble a cow. The approximate size of the timer is 4.33 inches in width, 3.15 inches in depth and 3.54 inches in height. It is calibrated from zero to sixty minutes. To start the timer, slight pressure is applied to the top of the cow’s body and the bottom part of the cow’s body is turned in a clockwise direction to a predetermined number of minutes. The timer counts down the number of minutes selected. There is no battery required. According to your letter, the vendors of Model MT-319 and Model 31814 state that both of these kitchen timers contain clock movements as defined in Additional U.S. Note 1(d) to Chapter 91 of the Harmonized Tariff Schedule of the United States (HTSUS). Additional U.S. Note 1 (d) to Chapter 91, Harmonized Tariff Schedule of the United States (HTSUS) defines the term clock movements as “devices regulated by a balance wheel and hairspring, quartz crystal or any other system capable of determining intervals of time, with a display or a system to which a mechanical display can be incorporated. Such clock movements shall either exceed 12 mm in thickness or 50 mm in width, length or diameter, or both.” 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. It is the position of Customs and Border Protection that the country of origin of a timer containing a clock movement is the country of origin of the clock movement. Accordingly, in order to satisfy the requirement of 19 U.S.C. 1304, the timer must be marked with the name of the country of manufacture of the clock movement. The country of origin must also be legible and in a conspicuous place. 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, clocks and timing apparatus 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 clock movements and clock cases 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 my 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 of Chapter 91, HTSUS. Section (b) of Additional U.S. Note 4 requires that clock movements shall be marked on the most visible part of the front or back plate 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. 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, to Chapter 91, HTSUS. Using sticker labels is not an acceptable alternative. Mechanical kitchen timers regulated by clock movements as defined in Additional U.S. Note 1(d), HTSUS, are subject to Additional U.S. Note 4 of Chapter 91, HTSUS. Accordingly, the mechanical kitchen timers, Models MT-319 and Model 31814, must be marked in compliance with the special marking requirements. 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, Robert B. Swierupski Director National Commodity Specialist Division