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NY A88433




October 18, 1996

CLA-2-91:RR:NC:2:233 A88433

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.12.80; 9102.12.20; 9102.12.40

Mr. Amir Rosenthal
Timex Corporation
Middlebury, CT 06762-0310

RE: The tariff classification of a Wrist Watch-Pager from the Philippines.

Dear Mr. Rosenthal:

In your letter dated October 3, 1996, on behalf of Timex Products, Inc., you requested a tariff classification ruling.

The merchandise to be imported is a full-featured wrist watch with an opto-electronic display. The wrist watch also features the Timex Data Link system, which allows wireless downloading of data (e.g., appointments) and watch functions (e.g., alarms) from a computer to the watch, and the added ability to receive pages in the 900 MHz frequency band, using the Flex communications protocol. The time-of-day feature displays hours, minutes and seconds in 12 or 24-hour format for two time zones, each represented by a three-character name. The wrist watch-pager has a date display with numeric month, day, and year, in MDY, DMY, or YMD format with dash or dot delimiters, and a three-letter abbreviation for the day of the week. The backlighting is provided by the INDIGLO night-light. There is an alarm function with ten daily alarms that can be set from the watch or by using the Timex Data Link system. In addition, the watch has a visual reminder in time of day mode, alarm test, and eight-character messages. It also has an optional hourly chime, a timer with a visual reminder capable of displaying (i) countdown and stop and (ii) countdown and repeat, and a chronograph function that can display lap and split times up to 99:59.59. In addition, the watch can contain approximately 70 telephone numbers that consist of 12 digits and 15 character alphanumeric name identification.

The 900 MHz Flex pager is capable of receiving individual messages, and the watch displays the number of unread pager messages, pager full or overflow condition, or low battery, as well as all of the read, unlocked messages. It has a selectable alert melody or silent operation with flashing LED, duplicate message indicator and automatic deletion of old duplicate messages. It can be manually or automatically activated and deactivated. The pager supports over-the-air (OTA) programming, including the activation or deactivation of Timex Data Link functions. The assembly process of the wrist watch-pager follows the traditional process for manufacturing digital watches, with the pager components assembled to the module and case during the assembly process.

The applicable subheading for the wrist watch-pager will be 9102.12.80, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101: wrist watches, electrically operated, whether or not incorporating a stop watch facility: with opto-electronic display only: other. The rate of duty will be 2.3% on the movement and case + 3.2% on the battery.

The applicable subheading for the band or strap, if of textile material or base metal, will be 9102.12.20, HTS, which provides for . . . straps, bands or bracelets . . . of textile material or of base metal, whether or not gold- or silver-plated. The rate of duty will be 2.3% ad valorem.

The applicable subheading for the band or strap, if of other than textile or base metal, will be 9102.12.40, HTS, which provides for . . . straps, bands or bracelets . . . other. The rate of duty will be 2.3% ad valorem.

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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Roger J. Silvestri

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