The tariff classification and marking of a quartz analog clock fitup from Germany.

NY 806053 February 1, 1995 CLA-2-91:S:N:N8:344 806053 CATEGORY: Classification; Marking TARIFF NO.: 9103.10.40; 9105.91.80 Ms. Patricia A. Haleman SMH (US) Inc. 1817 William Penn Way Lancaster, PA 17604 RE: The tariff classification and marking of a quartz analog clock fitup from Germany. Dear Ms. Haleman: In your letter dated January 17, 1995, you requested a tariff classification and marking ruling. The submitted sample is a clock fitup containing a quartz analog, battery powered clock or watch movement. The fitup is assembled with hands and dial and is enclosed in a plastic case for insertion into a clock case. If the clock fitup has a watch movement(movement does not exceed 12mm in thickness and 50 mm in width, length or diameter), the applicable subheading will be 9103.10.40, Harmonized Tariff Schedule of the United States (HTS), which provides for Clocks with watch movements, excluding clocks of heading 9104: Battery powered: Other: Having no jewels or only one jewel in the movement. The rate of duty will be 34 cents each plus 6.4% on the case plus 4.9% on the battery. You have stated that the battery will not be imported with the clock fitup. If the clock fitup has a clock movement(movement exceeds 12mm in thickness or 50 mm in width, length or diameter, or both) the applicable subheading will be 9105.91.80, HTS, which provides for Other clocks: Other: Battery or AC powered: Other. The rate of duty will be 30 cents each plus 6.9% on the case plus 5.3% on the battery. You have stated that the battery will not be imported with the clock fitup. You have asked in your letter if the clock fitup is properly marked. You have marked the face of the dial "Made in Germany." This marking is in compliance with Section 304, Tariff Act of 1930. You have marked your movement "Hermle", "W.Germany," "No(0)Jewels." This marking is in compliance with the Special Marking Requirements outlined in Chapter 91. However, you have not marked the back of the clock fitup case with the name of the country of manufacture, as required by the Special Markings Requirements in Chapter 91. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport