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NY F85684




May 9, 2000

CLA-2-91:RR:NC:MM:114 F85684

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.12.80; 9102.12.40; 8301.10.2000

Mary Van der Vieren
Classification Specialist
Wal*Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of quartz digital wrist watches and padlocks from China

Dear Ms. Van der Vieren:

In your letter dated April 20, 2000, you requested a tariff classification ruling on quartz digital wrist watches and padlocks from China. Samples of the quartz digital wrist watches and padlocks were submitted with the ruling request.

The samples submitted with your letter, vendor stock number FW54BPA, are identified as Firstrue and described as a Multi Function Colorful Digital Jelly Watch with lock. The submitted samples consist of two digital wrist watches and two padlocks with instruction sheets. The watch identified as FW54BPA-1 is a wrist watch containing a battery-operated electronic watch movement with a liquid crystal display (LCD) in a round pink plastic case with a pink plastic watch strap. The watch identified as FW54BPA-4 is a wrist watch containing a battery-operated electronic watch movement with a liquid crystal display (LCD) in a round blue plastic case with a blue plastic watch strap. One padlock is pink and blue, and the other padlock is blue and silver. Each padlock is preset at factory to open at 0-0-0 combination. The instruction sheet included with each padlock explains how to set your own new combination. For tariff classification purposes the watch and padlock are not considered to be a set and will be classified accordingly.

The submitted items are classifiable under two separate headings or subheadings of the tariff. GRI 3 applies when goods are put up for sale collectively and are classifiable under two or more headings of the tariff. GRI 3(b) covers goods put up in sets for retail sale. Explanatory Note X to GRI 3(b) defines “goods put up in sets for retail sale”. Such goods: (a) consist of at least two different articles that are classifiable in different headings, (b) consist of products put up together to meet a particular need or carry out a specific activity, and (c) are put up in a manner suitable for sale directly to users without repacking. The submitted items fail, in our opinion, to constitute a set for tariff classification purposes. They meet the criteria of elements (a) and (c) above. The wrist watch and padlock do not consist of products put up together to meet a particular need or carry out a common specific activity. Having failed as a set in accordance with GRI 3(b) the items must be classified separately.

Your sample is being returned as requested.

The applicable subheading for the digital wrist watches 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 duty rate will be free.

The applicable subheading for the plastic strap for the digital wrist watch will be 9102.12.40, Harmonized Tariff Schedule of the United States (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 duty rate will be free.

The applicable subheading for the locks will be 8301.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for padlocks and locks (key, combination or electrically operated), of base metal; padlocks; not of cylinder or pin tumbler construction; not over 3.8 cm in width. The duty rate will be 2.3 percent 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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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