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NY H83973




July 19, 2001

CLA-2-91:RR:NC:MM:114 H83973

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 CCHAC 2 and Ciclopuls CP8 made in Hong Kong

Dear Ms. Moore:

In your letter dated May 17, 2001, you requested a tariff classification ruling. Samples of the CCHAC 2 and Ciclopuls CP8 were submitted with the ruling request.

The submitted samples are identified as the CCHAC 2 and Ciclopuls CP8. You state in your letter that the items are manufactured in Hong Kong.

The CCHAC 2 consists of a digital combination article, transmitter belt, breast belt and blue zippered sport bag. The battery operated, digital combination article consists of a wrist watch 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, date and heart rate. The combination article, transmitter belt and breast belt are packed in the sport bag ready for retail sale.

The Ciclopuls CP8 consists of a digital combination article, transmitter belt, breast belt and black zippered bag. The battery operated, digital combination article consists of a wrist watch 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 3/4 inch in width. The display features the time and heart rate. The combination article, transmitter belt and breast belt are packed in the 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 CCHAC 2 and Ciclopuls CP8 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 blue sport bag in the CCHAC 2 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 black zippered bag in the Ciclopuls CP8 at this time. In order to issue a ruling we need a breakdown of the component materials of the bag by weight (outer surface only).

We are unable to issue a tariff classification ruling on the transmitter belt and breast belt at this time. In order to issue a ruling we need additional information as indicated below.

Is this device solely designed to transmit a RF signal through the ether without any line connection?

Does the belt transmitter perform any other function? (monitoring, measuring)

Please specify the actual frequency in megahertz (MHz). Note fhz is not recognized as a frequency mode by this office, please clarify.

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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