[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Proposed Rules]
[Pages 14705-14707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6760]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 134
RIN 1515-AB68
Country of Origin Marking Requirements for Watches
AGENCY: Customs Service, Department of Treasury.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document provides advance notice of a proposal to amend
the Customs Regulations to prescribe specific rules regarding the
country of origin marking of watches to ensure that the marking is
conspicuous and legible. The purpose of this document is to assist in
determining whether a rulemaking is needed to ensure a uniform standard
for conspicuous and legible country of origin marking for watches, and
if needed, the contents of that rulemaking.
DATES: Comments must be received on or before May 4, 1995.
ADDRESSES: Written comments (preferably in triplicate) may be addressed
to the Regulations Branch, Office of Regulations and Rulings, U.S.
Customs Service, Franklin Court, 1301 Constitution Ave., NW.,
Washington, DC. 20229. Comments submitted may be inspected at the
Regulations Branch, Office of Regulations and Rulings, U.S. Customs
Service, Franklin Court, 1099 14th Street, Suite 4000, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Burton Schlissel, Special
Classification and Marking Branch, Office of Regulations and Rulings
(202-482-6980).
SUPPLEMENTARY INFORMATION:
Background
Section 304 of the 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 manner as to indicate
to the ultimate purchaser in the U.S. the English name of the country
of origin of the article. Part 134, Customs Regulations (19 CFR part
134), implements the country of origin marking requirements and
exceptions of 19 U.S.C. 1304. Under Sec. 134.41(b), Customs Regulations
(19 CFR 134.41(b)), a country of origin marking is considered
conspicuous if the ultimate purchaser in the United States is able to
find the marking easily and read it without strain.
It has come to the attention of the Customs Service that over the
years watches have been imported into the United States with very tiny
country of origin markings. Usually these markings are in very small
letters on the bottom of the dial (face) of the watch. Generally, these
markings are exceptionally difficult to find and read. In fact, the
country of origin markings on many watches are so tiny that a
magnifying glass is needed in order to read them. Country of origin
markings on watches which are so difficult to find and read
[[Page 14706]] are not conspicuous or legible and are not acceptable
country of origin marking under 19 U.S.C. 1304. Customs is reviewing
its policy to ensure that the country of origin marking on watches is
legible and conspicuous.
On March 10, 1993, Customs published a general notice in the
Customs Bulletin and Decisions (27 Cust. Bull. Vol. 10, p. 31)
indicating that Customs did not intend to permit the continued
importation of watches into the United States unless they were
conspicuously and legibly marked with their country of origin. The
document further indicated that Customs was proposing stricter
enforcement of conspicuous country of origin marking requirements for
watches. Customs requested comments on proposed stricter enforcement
and when the stricter enforcement should go into effect. On May 5,
1993, Customs extended the comment period in a document published in
the Customs Bulletin and Decisions (27 Cust. Bull. Vol. 18, p. 13). The
comment period closed on June 9, 1993. While Customs has concluded that
there should be stricter enforcement of what is legible and conspicuous
regarding the country of origin marking requirements for watches on a
case-by-case basis, Customs is now considering an amendment to the
Customs Regulations incorporating such standards in order to ensure a
uniform standard for conspicuous and legible country of origin marking
for watches.
Factors Which May Be the Subject of a Notice of Proposed Rulemaking in
Connection With Specific Country of Origin Marking of Watches
The Customs Service is considering issuing a notice of proposed
rulemaking to amend the Customs Regulations to prescribe specific rules
regarding the country of origin marking of watches. It is noted that
the special marking requirements of U.S. Note 4, chapter 91, Harmonized
Tariff Schedules of the United States (HTSUS), that are applicable to
watches are not the subject of this advance notice of proposed
rulemaking. Among the factors which may be the subject of the proposed
rules are the size of the marking, the location of the marking, whether
the marking stands out, and the legibility of the marking.
Size and Legibility of Marking
Generally, in determining whether a watch is marked properly,
Customs considers, on a case-by-case basis, whether the marking is
legible and conspicuous. Customs believes that a marking on a watch
which has a type size of 3 points is acceptable. (A point is a unit of
measurement approximately equal to 0.01384 inches or nearly \1/72\ inch
and all type sizes are multiples of this unit.) Whether the marking
stands out is dependent on where it appears in relationship to the
other print on the watch and whether it is in contrasting letters to
the background. The legibility of the marking is determined by the
clarity of the letters and whether the ultimate purchaser is able to
read the letters of the marking without strain. Whether a particular
marking meets the conspicuous requirement of 19 CFR 134.41 and 19 U.S.C
1304 will depend on a combination of these factors.
Location and Method of Marking
The marking should be in a location where the ultimate purchaser
could expect to find the marking or where he/she could easily notice it
from a casual inspection. Although traditionally the country of origin
marking has appeared on the dial (face) of a watch, there is no
requirement that the marking appear in that location.
The marking may also appear on the back of the watch case, unless
the watch is or will be packaged for retail sale in a manner which
would prevent the ultimate purchaser from seeing the marking before
buying the watch.
In addition, the country of origin marking can be done through a
variety of different methods such as die stamping, etching, engraving,
or by using a sticker or hang tag. Any method of marking is sufficient
as long as it is permanent enough to ensure that the marking will stay
on the watch through normal handling until it reaches the ultimate
purchaser. No matter where the marking appears or what method of
marking is used, the marking must be large enough and sufficiently
clear so that the ultimate purchaser of the watch can easily find it
and read it with the unaided eye.
Whether a Notice of Proposed Rulemaking With Regard to Specific Country
of Origin Marking of Watches Should Be Issued: Specific Issues for
Consideration
Customs is requesting interested parties to submit comments
regarding specific standards which would ensure that the country of
origin marking on watches is legible, conspicuous, and permanent.
Relevant comments were received in response to the general notice
published in the Customs Bulletin and Decisions (27 Cust. Bull., Vol.
10, p. 31.) However, in addition to comments regarding the nature of
specific standards, interested parties are also invited to comment on
the following issues before Customs decides whether to propose
rulemaking on this matter:
(1) Is there a need for Customs to initiate a proposed rulemaking
regarding country of origin marking of watches or should questions of
whether watches are marked properly continue to be determined on a
case-by-case basis?
(2) Whether there are current abuses in the country of origin
marking of imported watches.
(3) Whether Customs should prescribe, by regulation, certain type
size and style specifications for the country of origin marking of
watches. If so, whether the regulations should specify one type size
for all watches, or different type sizes depending upon the size of the
watch. If one type size is prescribed for all watches, what type size
should be recommended and why?
(4) Whether consumer behaviors and attitudes toward country of
origin marking of watches can be documented with studies or surveys. If
so, how much time would be needed for a study or survey to be conducted
and for the data to be analyzed?
(5) If Customs goes forward with a notice of proposed rulemaking,
what should be a sufficient period of time for public comment?
(6) If Customs issues a notice of proposed rulemaking, should a
public hearing be held in connection with such proposed rulemaking?
(7) If Customs proposes and adopts new country of origin marking
regulations, what would be an appropriate time frame between the
publication of the final rule and the effective date of such
regulations?
(8) What other issues should be addressed in the proposed
rulemaking in order to afford a full opportunity for public comment?
Comments
In order to assist Customs in determining whether to proceed with a
notice of proposed rulemaking to prescribe rules regarding the country
of origin marking for watches, and the appropriate type size and style
specifications for such marking, this notice invites written comments
on the issues raised in this document as well as any other issues in
connection with this matter. Comments which were previously submitted
in response to the general notice published in the Customs Bulletin and
Decisions need not be resubmitted, as they will be fully considered in
any final determination in this matter.
Comments submitted will be available for public inspection in
accordance with [[Page 14707]] the Freedom of Information Act (5 U.S.C.
552), Sec. 1.4, Treasury Department Regulations (31 CFR 1.4), and
Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular
business days between the hours of 9 a.m. and 4:30 p.m. at the
Regulations Branch, Office of Regulations and Rulings, U.S. Customs
Service, 1099 14th Street, NW., Suite 4000, Washington, DC.
Approved: February 24, 1995
Michael H. Lane,
Acting Commissioner of Customs.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-6760 Filed 3-17-95; 8:45 am]
BILLING CODE 4820-02-P
