NY 862596: The tariff classification of a ring watch and a wrist watchfrom Hong Kong.

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 862596 
                                  May 9, 1991
                                    


CLA-2-:91:S:N:N3G:344  862596     

CATEGORY:  Classification; Marking

TARIFF NO.: 9102.91.40; 9102.11.45; 9802.00.8060

Mr. Norman Rosskothen
Desco International, Inc.
258 Harvard Street, Suite 318
Brookline, MA  02146-2904

RE:  The tariff classification of a ring watch and a wrist watch
from Hong         Kong.

Dear Mr. Rosskothen:

     In your letter of April 18, 1991, you requested a tariff
classification ruling on a wrist watch and a ring watch.
     
     Item #1 is a quartz analog battery operated ring watch in a
base metal case with a plastic band.  The 561.101 calibre
movement consists of Swiss made parts, contains one jewel and is
assembled in Hong Kong.  The battery is made in the U.S.A.

     The applicable subheading for the ring watch will be
9102.91.40, Harmonized Tariff Schedule of the United States
(HTS), which provides for other wrist watches, whether or not
incorporating a stop watch facility: other: battery powered:
other: having no jewels or only one jewel in the movement.  The
rate of duty will be 40 cents each plus 6% on the case
(including the plastic ring band) plus 5.3% on the battery. 

     Item #2 is a quartz analog battery operated wrist watch in a
plastic case with a plastic wrist band.  The 561.101 calibre
movement consists of Swiss made parts, contains one jewel and is
assembled in Hong Kong.  The battery is made in the U.S.A. 
     
     The applicable subheading for the quartz analog plastic
wrist watch will be 9102.11.45, HTS, which provides for wrist
watches, battery powered, whether or not incorporating a stop
watch facility: with mechanical display only: having no jewels or
only one jewel in the movement: other: other.  The rate of duty
will be 40 cents each plus 8.5% on the case plus 2.8% on the
strap, band or bracelet plus 5.3.% on the battery.   

     As indicated above, the batteries for both the wrist watch
and the ring watch are made in the United States.  The U.S.-made
batteries will be entitled to a duty exemption under subheading
9802.00.8060, HTS.  As per Note 4(b), Chapter 98, Subchapter II,
if the imported article is subject to a specific or compound rate
of duty (your watches are subject to a compound rate of duty),
the total duties shall be reduced in such proportion as the cost
or value of such products of the United States bears to the full
value of the imported article.  

     You indicate in your letter that you plan to mark these
watches on the back cases with the words "Swiss Parts" "Assembled
in Hong Kong."  This marking satisfies the country of origin
marking of Section 304 of the Tariff Act of 1930 (19 U.S.C.
1304), as amended.  However, these watches will also be subject
to the Special Marking Requirements of U.S. Note 4, Chapter 91,
HTS, as follows:

(a)  Watch movements shall be marked on one or more of the
bridges or top         plates to show:

        (i)    the name of the country of manufacture;
       (ii)    the name of the manufacturer or purchaser; and
      (iii)    in words, the number of jewels, if any, serving a
               mechanical purpose as frictional bearings.

(b)  Watch cases shall be marked on the inside or outside of the
back
     to show:
      
        (i)    the name of the country of manufacture; and
       (ii)    the name of the manufacturer or purchaser.

     Please be advised that no exceptions or waivers of the
Special Marking Requirements are permitted. Customs Regulation
11.9(a) specifies that watches are not to be released for
consumption until marked in exact compliance with the
requirements of U.S. Note 4, Chapter 91, HTS.          

     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