NY a86850: The country of origin marking of watches from Switzerland.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            NY A86850

                         August 28, 1996

MAR-2-:RR:NC:TP:344 A86850  

CATEGORY: Marking

Mr. John Nourijanian
Armen Cargo Services Inc.
150-36 182nd Street
Springfield Gardens, NY 11413

RE:  The country of origin marking of watches from Switzerland.

Dear Mr. Nourijanian:

     In your undated letter, on behalf of Viva Time Corp., you requested a ruling on the  country
of origin markings for imported wrist watches.

     You state in your letter that the completely assembled 0-5 jewel movements will be
purchased from Switzerland and sent directly to Hong Kong.  In Hong Kong the watches will be
assembled with the balance of Hong Kong components, i.e., dials, cases, leather straps, etc.  You ask
whether "Swiss Made" on the dial face or outside case back would be acceptable.

     Section 304 of the 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
manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin
of the article.  Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser
should be able to know by an inspection of the marking of the imported goods the country of which
the goods is the product.  

     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 has been the position of the U.S. Customs Service for many years that the country of origin
of a watch or clock is the country of manufacture of the watch or clock movement.  The addition of
the hands, dial, case or watchband add definition to the time piece but do not change the character
or use of the watch or clock movement which is the "guts" of the watch or clock.   Accordingly, in
order to satisfy the requirements of 19 U.S.C. 1304, the clock or watch must be marked with the
name of the country of manufacture of the movement.  The country of origin marking must also be
legible and in a conspicuous place.  Your proposed marking of "Swiss Made" is acceptable for the
watches which contain movements made in Switzerland.  The marking may be placed either on the
dial or on the outside  back case cover.     

     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 Stanley Schwartz at 212-466-5895.

                                        Sincerely,




                                        Roger J. Silvestri
                                        Director
                                        National Commodity
                                        Specialist Division