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April 6, 1999

CLA-2-91:RR:NC:MM:114 D89891

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.12.80; 9102.12.40; 9817.00.96

Mr. Brian Hewitt
Global Assistive Devices, Inc.
4950 North Dixie Highway
Suite 121
Fort Lauderdale, Florida 33334-3947

RE: The tariff classification of a digital watch with vibration alarm from Hong Kong

Dear Mr. Hewitt:

In your letter dated March 17, 1999, you requested a tariff classification ruling on the Vibralite Vibration Watch Model VL200 from Hong Kong. Descriptive literature for the Vibralite Watch was furnished with your letter for review.

The literature submitted with the request describes the Vibralite Watch as a battery-operated, digital wrist watch with a vibration alarm for wake up and reminders. The watch band is leather with a fabric insert. The Vibralite Watch has an opto-electronic display and an electro-luminescent (EL) back light for viewing the display in the dark. The EL light has an auto on option that turns on by tilting your wrist. The Vibralite Watch features a countdown timer for daily reminders, two alarm settings for dual wake up or snooze control, stopwatch, second clock for travel in a second time zone and hourly alert/chime option for hourly reminders. The watch is water resistant to 30 meters.

The applicable subheading for the Vibralite Vibration Watch Model VL200 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 free.

The applicable subheading for the strap will be 9102.12.40, HTS, which provides for straps, bands or bracelets entered with watches of subheading 9102.12.80 and classifiable therewith pursuant to additional U.S. note 2 to this chapter; all the foregoing whether or not attached to such watches at the time of entry; other. The rate of duty will be free.

We note that your firm, Global Assistive Devices, Inc., was characterized as a manufacturer and distributor of devices for the deaf and hearing impaired in HRL 556135, dated September 10, 1991. We agree with your secondary classification of the Vibralite Vibration Watch Model VL200 in HTS 9817.00.96, as specially designed or adapted for the use or benefit of the physically or mentally handicapped, free of duty, if all applicable entry requirements are met including the filing with the Customs port of entry of the U.S. Department of Commerce form ITA-362P.

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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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