The country of origin marking of watches from Switzerland

NY D89715 March 29, 1999 CLA-2-91:RR:NC:MM:114 D89715 CATEGORY: Marking Mr. Barry Fink N.S.I. 32 Broadway Suite 1818 New York, N. Y. 10004 RE: The country of origin marking of watches from Switzerland Dear Mr. Fink: In your letter dated March 22, 1999 you requested a ruling on the country of origin marking under Section 304 of the Tariff Act of 1930, as amended, (19 U.S.C. §1304) for wrist watches. You state that the case and the band of the watch will be made in the Far East. The movement of the watch will be made in Switzerland. In a telephone conversation with the National Import Specialist, you indicated that the complete movement from Switzerland will be shipped to the Far East and assembled with the case and the band. You propose stamping “Swiss Made” on the face of the dial of the wrist watch. Section 304 of the Tariff Act of 1930, provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly and permanently as the nature of the article will permit, to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. It has been the position of the Customs Service that the country of origin of a watch is the country of manufacture of the watch movement. The addition of the hands, dial, case and watch band or strap add definition to the watch, but do not change the character of the watch, which is the essential component of the watch. Accordingly, in order to satisfy the requirement of Section 304 of the Tariff Act of 1930 (19 U.S.C. §1304), the watch must be marked with the name of the country of manufacture of the movement. The marking must be legible and in a conspicuous place. Your proposed marking of the watch with the words “Swiss Made” on the face of the dial is acceptable for the watch which contain a movement made in Switzerland. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). For your information, in addition to Section 304 Tariff Act of 1930 country of origin marking, watches must be marked in accordance with the special marking requirements of Additional U.S. Note 4 (a) and (c) to chapter 91 of the Harmonized Tariff Schedule of the United States. If you require a ruling on the special marking requirements for watches, please submit a written request for the ruling with a representative sample of the wrist watch marked as the watch will be marked at the time of importation. 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