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NY F85962




April 27, 2000

CLA-2-91:RR:NC:MM:114 F85962

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.11.45

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
Counselors At Law
One Astor Plaza
1515 Broadway
New York, New York 10036-8901

RE: The tariff classification of quartz analog wrist watch

Dear Ms. Wierbicki:

In your letter dated April 13, 2000, on behalf of Avon Products, Inc., you requested a tariff classification ruling on a quartz analog wrist watch. A sample of the NASCAR Watch was submitted with the ruling request.

The submitted NASCAR Watch, identified as item number PP 204740, is a battery operated quartz analog wrist watch in a round silver tone base metal case with a stainless steel back. There are no jewels in the movement. The watch band is made of a three layer construction. The top and bottom layers consist of cellular plastic sheeting backed with a uniformly dyed plain knit fabric for reinforcement. The middle layer consists of unsupported cellular plastic sheeting. Thus, all three layers constructing the band are made of materials considered to be plastics for tariff classification purposes. A decorative strip of textile fabric is topstitched onto the band. This strip does not extend over the full width of the band. The essential character of the band is imparted by the plastic components that comprise the body of the band rather than by the decorative textile strip. For tariff classification purposes the watch has a plastic band.

The face of the watch is decorated with white and silver squares in a race car type pattern and imprinted with the “NASCAR” logo. The face of the watch features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. The watch has a round dial with red numbers and luminous green hour and minute hands, and a red second hand. The watch features a silver tone bezel with the numbers 15, 30, 45 and 60 imprinted on the bezel corresponding to the seconds of the hour. The bezel can be turned counterclockwise. You have indicated in your letter that Avon Products, Inc. contemplates importing from China.

Your sample is being returned as requested. It has, however, been damaged in examination.

The applicable subheading for the NASCAR Watch will be 9102.11.45, 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 mechanical display only; having no jewels or only one jewel in the movement; other; other. The rate of duty will be 40 cents each plus 8.5 percent ad valorem on the case plus 2.8 per cent ad valorem on the strap, band or bracelet plus 5.3 percent ad valorem on the battery.

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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