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HQ 952169


October 13, 1992

CLA-2 CO:R:C:M 952169 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.12.80

Mr. Richard J. Ryan
Technology for Independence
529 Main Street
Boston, MA 02129

RE: Talking watches; articles specially designed or adapted for the use or benefit of the blind or physically or mentally handicapped; subheadings 9817.00.92, 9817.00.94 and 9817.00.96; Section XXII, Chapter 98, Subchapter XVII, U.S. Note 4(a); HRL 951433

Dear Mr. Ryan:

This is in response to your letter dated June 8, 1992, in which you requested the tariff classification of two talking watches under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

Two types of talking watches were submitted for our review. Model UT 6647 has a plastic case, a LCD digital read out and it is battery operated. The watch audibly announces the time of day, the hour and the minutes by pressing various buttons located on either side of the watch. In addition, an alarm time can be set and the alarm will sound at the time set. The wearer can then press the "talking button" and the alarm will stop after the time is audibly announced. Moreover, by pressing the "talking button", the watch announces the hour and minutes when setting the time and the alarm.

Model UT 6657 also has a plastic case, a LCD digital read out and is battery operated. It has all of the same functions as the above watch. However, the buttons for the various features are on the top of the watch below the LCD read-out.

According to the importer, these watches are sold to the National Federation of the Blind, the American Foundation for the Blind and the Canadian National Institute for the Blind.

ISSUE:

What is the tariff classification of the talking watches under the HTSUS?

Are the talking watches specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons? Are the watches types of articles that are exclusively for the use or benefit of the blind?

LAW AND ANALYSIS:

The classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

Heading 9101, HTSUS, provides for "[w]rist watches, pocket watches and other watches, including stop watches, with case of precious metal or of metal clad with precious metal." Heading 9102, HTSUS, provides for "[w]rist watches..., other than those of heading 9101." As these wrist watches do not have cases of precious metal or metal clad with precious metal, they are classified in heading 9102, HTSUS. Specifically, they are classified in subheading 9102.12.80, HTSUS, which provides for "[w]rist watches..., other than those of heading 9101: [w]rist watches, battery powered, whether or not incorporating a stop watch facility: [w]ith opto-electronic display only: [o]ther."

The duty-free treatment of articles for the blind and handicapped is found in heading 9817, HTSUS, which provides for "[a]rticles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons". U.S. Note 4(a) to subchapter XVII, Chapter 98, HTSUS, states that, "the term 'blind or other physically or mentally handicapped persons' includes any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.

Therefore, for the talking watches to be eligible for duty free treatment, they must be considered "specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped." Specifically, the watches must be classifiable within one of the following subheadings:

Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons:

Articles for the blind:

9817.00.92 Books, music and pamphlets, in raised print, used exclusively by or for them......

9817.00.94 Braille tablets, cubarithms, and special apparatus, machines, presses, and types for their use or benefit exclusively...

Headquarters Ruling Letter (HRL) 951433, dated May 29, 1992, dealt with the classification of a talking alarm clock. Whenever the top lever was depressed, the clock audibly announced the hours and minutes. It could also be programmed to announce the time every hour. The controls and a large LED time readout were located at the base of the clock. Literature provided by the importer stated that the clock was produced to assist the visually impaired. In determining that the clock was not classified in subheading 9817.00.94, HTSUS, Customs looked to the fact that the clock's features were as useful to the general public as they were to the visually impaired. Therefore, we held that it was not specially designed for the handicapped and it was not of a type exclusively for the use or benefit of the blind.

It is our position that the talking watches are not specially designed for the handicapped, nor can they be considered types of articles that are exclusively for the use or benefit of the blind. The watches are equipped with features that are routinely found in watches intended for use by the general public. For example, the watches have LCD digital read outs and these have normal sized numbers. This read out would be of no use to a blind person and its inclusion in the watch makes it useful to the general public as a time telling device.

Moreover, neither the packaging of the watches or their accompanying instructions suggest that these watches are articles specially designed or adapted for the blind. The instructions on the inside flap of the box are not in braille and they appear to be basic instructions on using the watches' various features. There is nothing in the instructions to indicate that the watch is to be used by a blind person.

The packaging resembles packaging for a regular watch. The wording on the box does not suggest that this is a special kind of watch for the blind. Therefore, while this watch has features that are attractive for the blind and visually impaired, given the LCD digital read out, the normal sized numbers, the lack of braille instructions and the packaging, this watch cannot be considered an article that is exclusively used for the blind. Thus, the watch is not considered "specially designed or adapted" for the use or benefit of the blind and it would not be classified in either subheading 9817.00.92, HTSUS, or subheading 9817.00.94, HTSUS.

HOLDING:

The talking watches are classified in subheading 9102.12.80, HTSUS, which provides for "[w]rist watches..., other than those of heading 9101: [w]rist watches, battery operated, whether or not incorporating a stop watch facility: [w]ith opto-electronic display only: [o]ther." The rate of duty is 3.9% on the movement and the case and 5.3% on the battery.

Sincerely,

John Durant, Director
Commercial Rulings Division

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