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NY H81812




June 19, 2001

CLA-2-91:RR:NC:MM:114 H81812

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.11.45; 7116.20.0500

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 and bracelet

Dear Ms. Wierbicki:

In your letter dated May 29, 2001, on behalf of Avon Products, Inc., you requested a tariff classification ruling on a quartz analog wrist watch and bracelet. A representative sample of the wrist watch and bracelet were submitted with the ruling request.

The submitted item number PP 226010 is identified as the Garnet Watch and Bracelet Set. The submitted sample consists of a wrist watch and matching bracelet. The watch is a women’s battery operated quartz analog wrist watch in an octagon-shaped silver tone base metal case. The watch case has a stainless steel back and incorporates two square cut garnets. There are no jewels in the movement. The watch features a triple strand bracelet of garnet beads. The bracelet features a double clasp. One of the clasps may be removed for a tighter fit. The upper portion of the watch bracelet is divided into three sections along the length of the bracelet by faux marcasite metal bars. The lower portion of the bracelet is divided into four sections along the length of the bracelet by faux marcasite metal bars. The metal bars keep the rows of garnet beads together. You have stated in your letter that the case and bracelet are constructed of base metal plated with 10 microns of copper, 3 microns of miralloy and .10-.15 microns of PCP (nickel free). The face of the watch is inlaid with mother of pearl and features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. The watch features an oval dial with black numbers and black hour, minute and second hands.

The watch will be imported with a matching bracelet. The submitted bracelet is a triple strand bracelet of garnet beads. The bracelet features a double clasp. One of the clasps may be removed for a tighter fit. The bracelet is divided into ten sections of beads (totaling 90) along the length of the bracelet by faux marcasite metal bars. The metal bars keep the rows of beads together. The bracelet is valued under $40 U.S. dollars. You have stated in your letter that the bracelet is constructed of base metal plated with 10 microns of copper, 3 microns of miralloy and .10-.15 microns of PCP (nickel free). You have indicated that Avon Products, Inc. contemplates importing the watch and matching bracelet from China. The submitted watch and bracelet are imported and sold together. For tariff classification purposes the wrist watch and bracelet are not considered to be a set and will be classified accordingly.

The submitted watch and bracelet 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 watch and bracelet 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 bracelet 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 samples are being returned as requested.

The applicable subheading for the wrist 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.

The applicable subheading for the bracelet will be 7116.20.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of precious or semiprecious stones (natural, synthetic or reconstructed); articles of jewelry; valued not over $40 per piece. The rate of duty will be 3.3 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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