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NY I80296




April 4, 2002

CLA-2-85:RR:NC:1:108 I80296

CATEGORY: CLASSIFICATION

TARIFF NO.: 8513.10.2000, 8525.20.3010, 9005.10.0080, 9014.10.9000, 9102.12.4000, 9102.12.8000

Mr. John deBoer
Wal*Mart Stores, Inc.
601 North Walton
Bentonville, Arkansas 72716-0410

RE: The tariff classification of an Outdoor Communication Set from China.

Dear Mr. deBoer:

In your letter dated March 26, 2002 you requested a tariff classification ruling.

The item in question is an outdoor communication set denoted as the Matrix Zone. Packaged in a single box for retail are a battery operated flashlight, two radiotelegraphic walkie talkies, sports binoculars, a compass and a digital wrist watch with strap (sample attached). Each item, as described, is a fully functional article of commerce.

Explanatory Note X to GRI 3b provides for the purpose of this rule, the term “goods put up in sets for retail sale” shall be taken to mean goods which:

A. Consist of at least two different articles which are, prima facie, classifiable in different headings.

B. Consist of products put up together to meet a specific activity; and

C. Are put up in a manner suitable for sale to users without repackaging (e.g. in boxes or cases or on boards).

Upon review of the Matrix Zone Outdoor Communication Set it is evident that it is composed of at least two different articles, which are prima facie, classifiable in different headings and that the items will not be repackaged prior to sale to users. It is however the opinion of this office that the compilation of these particular articles are not put together to meet a specific activity. The articles bear no relationship to each other for they can each operate a specific unrelated activity as individual articles of commerce and together do not meet a specific activity. Therefore it is the opinion of this office that the Matrix Zone Outdoor Communication Set does not meet criteria B of Explanatory Note X and would not be considered a set. Therefore each article will be separately classified.

The applicable subheading for the flashlight will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos), other than lighting equipment of heading 8512; parts thereof: Lamps: Flashlights. The rate of duty will be 12. 5 percent ad valorem.

The applicable subheading for the pair of hand held Morse code type walkie talkies will be 8525.20.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other video camera recorders; digital cameras: Transmission apparatus incorporating reception apparatus: Transceivers: Other Hand-held: For frequencies not exceeding 30 MHz. The rate of duty will be free.

The applicable subheading for the sports binoculars will be 9005.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for Binoculars, monoculars, other optical telescopes, and mountings thereof, other astronomical instruments and mountings thereof, but not including instruments for radio-astronomy; parts and accessories thereof: Binoculars Other. The rate of duty will be free.

The applicable subheading for the compass will be 9014.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Non-electrical, non-gyroscopic, non-optical, direction finding compass. The rate of duty will be 2.9 percent ad valorem

The applicable subheading for the digital watch, re the strap, will be 9102.12.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Wrist watches electrically operated, whether or not incorporating a stop watch facility; With opto-electronic display only: straps entered with watches of subheading 9102.12.80, Other. The rate of duty will be free.

The applicable subheading for the digital watch will be 9102.12.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other wrist watches, electrically operated, whether or not incorporating a stop watch facility; With opto-electronic display only; Other. The rate of duty will be free.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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