THE COUNTRY OF ORIGIN MARKING OF WATCH BANDS MADE IN CHINA

N293833 February 21, 2018 MAR-2 OT:RR:NC:N1:113 CATEGORY: MARKING Mr. Michael E. Murphy Baker & McKenzie LLP 815 Connecticut Avenue, N.W. Washington, DC 20006-4078 RE: THE COUNTRY OF ORIGIN MARKING OF WATCH BANDS MADE IN CHINA Dear Mr. Murphy: This is in response to your letter dated January 25, 2018, on behalf of Seiko Corporation of America, requesting a ruling on the country of origin marking for imported wrist watch bands. Samples of the watch bands that are engraved with the country of origin were submitted with your letter for our review. Your samples will be returned as requested. The merchandise under consideration is described in your letter as “Wrist watch bands which are imported into the United States both independently (i.e. unattached to watches) and attached to watches to form complete wrist watches. The country of origin of the watch bands is China and the country of origin of the watches is Japan.” Although the sample watch bands are engraved with their country of origin, you indicated that future shipments of the wrist watch bands may not be marked by means of engraving, die stamping or molding. Seiko USA is seeking to confirm whether the use of hangtags printed with “Band China” or similar language, and attached to the wrist watch bands are sufficient to satisfy the country of origin marking requirements set forth in Part 134 of the Customs Regulations. 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 (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its 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. 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. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. In order to satisfy the requirements of 19 U.S.C § 1304, the wrist watch bands must be legibly marked with the name of the country of manufacture of the watch band in a conspicuous place. Marking with secure hangtags is acceptable, as long as the hangtags will reach the ultimate purchaser of the watch. If hangtags are used, 19 C.F.R. § 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. Seiko USA has proposed to attach hangtags to the watch bands by means of a securely tied thread or elastic band. You indicate that “In order to avoid confusing or misleading the ultimate purchaser, the origin marking of the wrist watch bands must incorporate language to clearly indicate the country of origin is that of the band and not the watch movement or case. Thus, Seiko submits that an origin label stating ‘Band China’ will clearly indicate to the ultimate purchaser that the country of origin indicated is that of the band, and not the time piece itself.” We note that the country of origin of the bands is China and the country of origin of the watches is Japan. Since the country of origin of the watches differs from the country of origin of the bands, the bands must be marked with their country of origin. The proposed marking of the imported watch bands both independently (i.e. unattached to watches) and attached to watches to form complete wrist watches with a hangtag stating “Band China” is considered to be conspicuous, legible, and permanent in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is acceptable as the country of origin marking for the imported watch bands. This ruling is being issued under the provisions 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 Ann Taub at ann.taub@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division