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 > 2002 NY Rulings > NY H87372 - NY H87414 > NY H87395

Previous Ruling Next Ruling
NY H87395




February 12, 2002

CLA-2-91:RR:NC:MM:114 H87395

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.11.25; 8211.93.0030

Mr. Daniel Shapiro
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 multi-function pocket knife

Dear Mr. Shapiro:

In your letter dated February 1, 2002, on behalf of Avon Products, Inc., you requested a tariff classification ruling. Representative samples of the quartz analog wrist watch and multi-function pocket knife were submitted with the ruling request.

The submitted item number PP 231560 is identified as the Men’s Silvertone Watch/Utility Tool Set. The submitted Men’s Silvertone Watch/Utility Tool Set consists of a wrist watch and multi-function pocket knife. The watch is a men’s battery operated quartz analog wrist watch in a round silver tone base metal case with a stainless steel back. The watch has a silver tone base metal bracelet with an adjustable divers buckle of stainless steel. You have stated in your letter that the case and bracelet are constructed of zinc alloy, plated with 10 microns of copper, 3 microns of miralloy and .10-.15 microns of PCP (Nickel free). The crown is constructed of zinc alloy, plated with 10 microns of copper, 3 microns of miralloy and .5 microns of PCP (Nickel free). 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 blue dial with white numbers, silver tone hour and minute hands, and a red second hand.

The watch will be imported and sold with a multi-function pocket knife. The submitted multi-function pocket knife is a folding knife with various attachments consisting of saws, scissors, can openers, corkscrew, blunt-edge blade with sewing eye, file, blunt-edge blade, screwdriver, and a split key ring attachment. The watch and pocket knife are packaged together in a clear plastic lidded box. You have indicated in your letter that Avon Products, Inc. contemplates importing the Men’s Silvertone Watch/Utility Tool Set from China. For tariff classification purposes the wrist watch and multi-function pocket knife are not considered to be a set and will be classified accordingly.

The submitted wrist watch and multi-function pocket knife 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 items 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 multi-function pocket knife 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 wrist watch and multi-function pocket knife must be classified separately.

Your samples are being returned as requested.

The applicable subheading for the wrist watch will be 9102.11.25, 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; with strap, band or bracelet of textile material or of base metal, whether or not gold- or silver-plated; other. The rate of duty will be 40 cents each plus 8.5 percent ad valorem on the case plus 14 per cent ad valorem on the strap, band or bracelet plus 5.3 percent ad valorem on the battery.

The applicable subheading for the pocket knife will be 8211.93.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for knives having other than fixed blades. The duty rate will be 3 cents each plus 5.4 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 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: