United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G83418 - NY G83507 > NY G83434

Previous Ruling Next Ruling
NY G83434




November 13, 2000

CLA-2-90:RR:NC:MM:114 G83434

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500; 8513.10.2000; 8527.19.5035; 9005.10.0080; 9005.80.4040; 9006.53.00; 9014.10.9000; 9102.12.40; 9102.12.80

Ms. Andrea Pietri
Savant Customs Brokers & Freight Forwarders, Inc. 11 Broadway
Suite 1068
New York, NY 10004

RE: The tariff classification of cameras, telescopes, binoculars, compasses, watches, flashlights, radio and travel bag from China

Dear Ms. Pietri:

In your undated letter received by this office on October 19, 2000, on behalf of Sakar International Inc., you requested a tariff classification ruling. Samples of the cameras, telescopes, binoculars, compasses, watches, flashlights, radio and travel bag were submitted with the ruling request.

The submitted item number 99428 is identified as Explore the Planet. The submitted sample consists of a 35mm fixed-focus camera, 10 power magnification plastic telescope, 4 x 28 compact plastic binocular, directional compass with foldable compact casing, digital wrist watch containing a battery-operated electronic watch movement with a liquid crystal display (LCD) in a round plastic case with a plastic watch strap, and flashlight that uses two AA batteries (not included) and illuminates ten feet. The items are packaged together in a window display cardboard box ready for retail sale. Explore the Planet is imported from China. For tariff classification purposes the items are not considered to be a set and will be classified accordingly.

The submitted item number 48228 is identified as the Sports Spectator Kit. The submitted sample consists of a 35mm fixed-focus camera, 4 x 28 compact plastic binocular, AM/FM radio with earphones and armstrap, and polyvinyl chloride (PVC) travel bag designed to contain personal effects during travel. The items are packaged together in a window display cardboard box ready for retail sale. The Sports Spectator Kit is imported from China. For tariff classification purposes the items are not considered to be a set and will be classified accordingly.

The submitted item number 88428 is identified as Discover The Universe. The submitted sample consists of a 35mm fixed-focus camera, 10 power plastic telescope, 4 x 28 compact plastic binocular, directional compass with foldable compact casing, digital wrist watch containing a battery-operated electronic watch movement with a liquid crystal display (LCD) in a round plastic case with a plastic watch strap, and flashlight that uses two AA batteries (not included) and illuminates ten feet. The items are packaged together in a window display cardboard box ready for retail sale. Discover The Universe is imported from China. For tariff classification purposes the items are not considered to be a set and will be classified accordingly.

The submitted item number 77428 is identified as My First. The submitted sample consists of a 35mm fixed-focus camera, 10 power magnification plastic telescope, 4 x 28 compact plastic binocular, directional compass with foldable compact casing, digital wrist watch containing a battery-operated electronic watch movement with a liquid crystal display (LCD) in a round plastic case with a plastic watch strap, and flashlight that uses two AA batteries (not included) and illuminates ten feet. The items are packaged together in a window display cardboard box ready for retail sale. My First, item number 77428, is imported from China. For tariff classification purposes the items are not considered to be a set and will be classified accordingly

The submitted item number 26228 is identified as My First. The submitted sample consists of a 35mm fixed-focus camera, 4 x 28 compact plastic binocular and flashlight that uses one AA battery to operate (not included). The items are packaged in a blister display pack with a cardboard insert ready for retail sale. My First, item number 26228, is imported from China. For tariff classification purposes the items are not considered to be a set and will be classified accordingly.

Explore the Planet, Sports Spectator Kit, Discover The Universe, My First (item number 77428) and My First (item number 26228) are each a single retail package containing items that are classifiable under more than 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 items packaged together in each window display cardboard box or blister display pack ready for retail sale fail, in our opinion, to constitute a set for tariff classification purposes. They meet the criteria of elements (a) and (c) above. Each retail package submitted with the ruling does 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 in each retail package must be classified separately.

The applicable subheading for the cameras will be 9006.53.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for photographic (other than cinematographic) cameras; other cameras; other, for roll film of a width of 35 mm; other; other. The rate of duty will be free.

The applicable subheading for the telescopes will be 9005.80.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments; optical telescopes; other. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the binoculars will be 9005.10.0080, Harmonized Tariff Schedule of the United States (HTS) which provides for binoculars, monoculars, other optical telescopes, and mountings therefor; binoculars; other. The rate of duty will be free.

The applicable subheading for the compasses will be 9014.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for direction finding compasses which are not optical, gyroscopic, or electrical. The general rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the 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 rate of duty will be free.

The applicable subheading for the plastic watch straps 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 rate of duty will be free.

The applicable subheading for the flashlights will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos), other than lighting equipment of heading 8512; lamps; flashlights. The rate of duty will be 12.5 percent ad valorem.

The applicable subheading for the AM/FM radio will be 8527.19.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy; other; other; other; FM only or AM/FM only. The general rate of duty will be 3 percent ad valorem.

The applicable subheading for the travel bag of polyvinyl chloride will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags; with outer surface of plastic sheeting; other. The rate of duty will be 20 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,

Previous Ruling Next Ruling

See also: