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NY 851281


May 4, 1990
CLA-2-91:S:N:N3G:344

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.0010; 9102.12.2000; 9102.12.8010; 9102.12.8020

Mrs. Florence Pianko
Advance Watch Co., Ltd.
26400 W. 8 Mile Road
Southfield, MI 48034

RE: The tariff classification of a digital LCD watch/sweatband with an extra sweatband, from China.

Dear Mrs. Pianko:

In your letter of April 6, 1990, you asked for a classification ruling on an L.A. Gear LCD watch and sweatband articles.

Two articles in a blister card and an empty bubble bag were submitted with your request. The blister packaging contains a wrist watch--a battery operated solid-state electronic watch movement with a digital liquid crystal display (LCD) permanently affixed to a cotton terry cloth sweatband--and a cotton terry cloth sweatband without a watch movement. The L.A. Gear name is embroidered on both bands.

You state that the LCD watch and the extra sweatband will be imported in either blister packaging (retail packaging) as per the sample or in a bubble bag.

The sweatband used with the watch is an integral part of the wrist watch as it is the wristband for the watch. When imported in the blister card packaging the LCD watch and the extra sweatband constitute a set. The essential character of the set is derived from the watch with its sweatband wristband.

When imported in a bubble bag the watch and the extra sweatband are not a set because the bubble bag is not retail packaging. After importation, the watch and the sweatband may be disposed of separately, either given away or sold. Imported in this fashion the LCD watch with its integral band and the extra sweatband are separate commercial entities, separately classifiable.

The applicable subheading for the LCD watch and sweatband set, packaged in a blister card, will be 9102.12.80, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches...battery powered, whether or not incorporating a stop watch facility: with opto-electronic display only. The duty rate will be 3.9% on the movement and case under 9102.12.8010, HTS, and 5.3% on the battery under 9102.12.8020, HTS. The applicable subheading for the wristband portion of the wrist watch and the other sweatband in the set will be 9102.12.2000, HTS, which provides for textile straps, bands or bracelets entered with watches of subheading 9102.12.80. The duty rate on both bands will be 3.9%.

As indicated above, when imported in a bubble bag the LCD watch and the extra sweatband are separately classifiable. The applicable subheading for the watch will be 9102.12.80, HTS. The duty rate will be 3.9% on the movement and case under 9102.12.8010, HTS, and 5.3% on the battery in 9102.12.8020, HTS. The applicable subheading for the sweatband wristband portion of the watch will be 9102.12.2000, HTS, and the duty rate is 3.9%. The applicable subheading on the other sweatband will be 6117.80.0010, HTS, which provides for other made up clothing accessories of cotton.

The textile wristband portion of the watch is not subject to visa requirements or quota restraints. However, whether imported as part of a set or imported in a bubble bag and separately classified, the extra sweatband falls within textile category designation 359. Based upon international textile agreements, products of China are subject to a visa and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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

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