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NY H80868




June 5, 2001

CLA-2-91:RR:NC:MM:114 H80868

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.12.80; 9102.12.20; 4202.92.3031

Ms. Sharon Moore
Veltec Sports, Inc.
1793 Catalina Street
Sand City, CA 93955-3746

RE: The tariff classification of the Alpin 2, Alpin 3, Alpin 4 and Alpin 5 made in Hong Kong

Dear Ms. Moore:

In your undated letter received by this office on May 7, 2001, you requested a tariff classification ruling. Samples of the Alpin 2, Alpin 3, Alpin 4 and Alpin 5 were submitted with the ruling request.

The submitted samples are identified as the Alpin 2 (no item number indicated), Alpin 3 (item number 400002), Alpin 4 (item number 400606) and Alpin 5 (item number 400705). You state in your letter that the items are produced in Hong Kong.

The Alpin 2 consists of a digital combination article, universal handlebar holder and blue zippered sport bag. The battery operated, digital combination article consists of a wrist watch and an altimeter. The watch has a textile strap. The combination article features a liquid crystal display (LCD) that measures approximately 1 inch in length by 1 inch in width. The display features the time and altitude. The combination article and universal handlebar holder are packed in the sport bag ready for retail sale.

The Alpin 3 consists of a digital combination article, universal handlebar holder and blue zippered sport bag. The battery operated, digital combination article consists of a wrist watch, altimeter, barometer, variometer, thermometer, weather station and speedometer. The watch has a textile strap. The combination article features a liquid crystal display (LCD) that measures approximately 1 inch in length by 1 inch in width. The display features the time, altitude, barometric pressure, magnetic declination, temperature, weather symbols and speed. The combination article and universal handlebar holder are packed in the sport bag ready for retail sale.

The Alpin 4 consists of a digital combination article, universal handlebar holder, transmitter belt, breast belt and blue zippered sport bag. The battery operated, digital combination article consists of a wrist watch, altimeter, thermometer, speedometer and heart rate monitor. The watch has a textile strap. The combination article features a liquid crystal display (LCD) that measures approximately 1 inch in length by 1 inch in width. The display features the time, altitude, temperature, speed and heart rate. The combination article, universal handlebar holder, transmitter belt and breast belt are packed in the sport bag ready for retail sale.

The Alpin 5 consists of a digital combination article, universal handlebar holder, transmitter belt, breast belt and blue zippered sport bag. The battery operated, digital combination article consists of a wrist watch, altimeter, barometer, variometer, thermometer, weather station, speedometer, calorimeter and heart rate monitor. The watch has a textile strap. The combination article features a liquid crystal display (LCD) that measures approximately 1 inch in length by 1 inch in width. The display features the time, altitude, barometric pressure, magnetic declination, temperature, weather symbols, speed, calories consumed and heart rate. The combination article, universal handlebar holder, transmitter belt and breast belt are packed in the sport bag ready for retail sale.

Classification of merchandise under the Harmonized Tariff Schedule of the United States is governed by the General Rules of Interpretation (GRIs) taken in order. Each of the digital combination articles is a composite article that is classifiable under more than one heading, each equally specific. It is the opinion of this office that there is no essential character for the composite articles. Accordingly, the digital combination articles will be classified according to General Rule of Interpretation 3(c) which states “when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration”. Applying GRI 3(c), each of the digital combination articles is classifiable under heading 9102 since it occurs last in numerical order of the competing headings.

The applicable subheading for the digital combination articles in the Alpin 2, Alpin 3, Alpin 4 and Alpin 5 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 textile watch straps will be 9102.12.20, 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; of textile material. The duty rate will be free.

The applicable subheading for the sport bags will be 4202.92.3031, HTS, which provides for travel, sports and similar bags; with outer surface of textile materials; other; other; of man-made fibers; other. The duty rate will be 18.3 percent ad valorem.

Items classifiable under HTS subheading 4202.92.3031 fall within textile category designation 670. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

We are unable to issue a tariff classification ruling on the transmitter belt, breast belt and universal handlebar holder at this time. In order to issue a ruling on these products additional information is required as indicated below.

Regarding the transmitter belt, does this item transmit telemetric signals? If so, how? At what frequency does it transmit? Does this item solely transmit or does it perform other functions? If so, what and how?

Regarding the breast belt, please state in writing the composition of the item. Where and how is the breast belt used? What is the breast belt connected to and how?

Regarding the universal handlebar holder, please state in writing the composition of the item.

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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