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NY G85019




December 12, 2000

CLA-2-91:RR:NC:MM:114 G85019

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.91.40; 7117.19.9000; 4823.90.8500

Mr. 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 pendant watch, chain and bookmark with tassel imported from China

Dear Ms. Wierbicki:

In your letter dated November 15, 2000, on behalf of Avon Products, Inc., you requested a tariff classification ruling. Samples of a pendant watch, chain and bookmark with tassel were submitted with the ruling request.

The submitted item number PP 212433, is identified as a Magnifying Glass Watch with Bookmark. The Magnifying Glass Watch with Bookmark consists of a pendant watch, chain and bookmark with tassel. The watch is a battery operated quartz analog pendant watch in a round gold-plated base metal case with a detachable chain. There are no jewels in the movement. 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 white colored dial with gold tone hour, minute and second hands. The watch case is constructed of base metal plated with 0.25 microns of 23 carat gold, with a +/- 20 percent variation. The watch case features a loop at the top center of the case for attaching to a brass rope link chain that measures approximately 29 inches in length. The chain is plated with 200 micro inches of copper, 80 micro inches of miralloy and 8 micro inches of gold. The watch also features a magnifying glass within the case cover and rhinestones encircling the watch dial.

The bookmark measures approximately 6¼ inches in length by 2¼ inches in width and is constructed from sulphate bleached paper. The bookmark incorporates a rayon tassel that is approximately 5 inches in length. The tassel is inserted through a hole at the top of the bookmark. The bookmark will be imprinted on one side with “The Lord’s Prayer” and on the other side with a floral design. The bookmarks will be made in an English version and a Spanish version. You have indicated that Avon Products, Inc. contemplates importing the Magnifying Glass Watch with Bookmark from China.

You indicate in your letter that an illustrative sample has been submitted for our review. Instead of rhinestones encircling the watch dial, a small cross of rhinestones will be created below the number 12. You state that the watch will be attached by means of a bail (instead of a ring) to the chain, which will have a “lobster claw” closure instead of the spring ring. The actual bookmark will consist of one piece of paper printed on both sides and the tassel will be attached. You have indicated that Avon Products, Inc. contemplates importing from China.

Your sample is being returned as requested.

The applicable subheading for the pendant watch will be 9102.91.40, 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; other; electrically operated; other; having no jewels or only one jewel in the movement. The rate of duty will be 40 cents each plus 6 percent ad valorem on the case plus 5.3 percent ad valorem on the battery and remains unchanged in 2001.

The applicable subheading for the base metal chain will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry; of base metal, whether or not plated with precious metal; other; other; other. The rate of duty will be 11 percent ad valorem and remains unchanged in 2001. .
The applicable subheading for the bookmark with tassel will be 4823.90.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of paper or paperboard. For the remainder of 2000, the rate of duty will be 2.1 percent ad valorem. Effective January 1, 2001, the rate of duty will be 1.6 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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