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NY I82359




June 21, 2002

CLA-2-91:RR:NC:MM:114 I82359

CATEGORY: CLASSIFICATION

TARIFF NO.: 9106.90.55; 9102.91.20; 8527.19.5035; 8470.10.0040; 3926.40.0000

Ms. Lorianne Aldinger
Import Manager
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of the Gadget Gift Pack and Sports Gift Pack made in China

Dear Ms. Aldinger:

In your letter dated May 23, 2002, on behalf of the Rite Aid Corporation, you requested a tariff classification ruling on the Gadget Gift Pack and Sports Gift Pack made in China. Samples of the Gadget Gift Pack and Sports Gift Pack were submitted with the ruling request.

The submitted item number 929167 is identified in your letter as the Boys Super Gadget Pack Plastic. You have stated that the Boys Super Gadget Pack Plastic is available in two styles identified as the Gadget Gift Pack and Sports Gift Pack. The submitted Gadget Gift Pack consists of a clip watch, calculator and radio. The clip-on watch contains a battery-operated electronic watch movement with a liquid crystal display (LCD) housed in a plastic case. The watch case is attached to a plastic swivel snap clip by a loop extending from the top of the case. The 8-digit calculator is housed in a plastic case. The calculator performs the four basic mathematical functions, and calculates square root and percent. On the back of the housing is an opening for changing the battery. The radio is a battery-powered FM only radio with earphones. The radio is housed in a round plastic case. The radio is designed to be carried in one’s pocket or can be clipped onto the users belt for convenience. It has controls for on/off, volume, scanning, and reset to return to the beginning of the FM band. The clip watch, calculator and radio are packaged together in a blister display pack ready for retail sale. For tariff classification purposes the clip watch, calculator and radio wrist watch are not considered to be a set and will be classified accordingly.

The submitted Sports Gift Pack consists of a timer, radio and ornamental novelty article. The sport timer is a battery-operated LCD digital timer housed in a plastic case. The timer has three buttons located above the LCD display for mode, start/stop and reset/lap. The radio is a battery-powered FM only radio with earphones. The radio is housed in a plastic case in the shape of a soccer ball. It has controls for on/off, volume, scanning, and reset to return to the beginning of the FM band. The ornamental novelty article consists of a snap hook attached to a split ring which is attached to a swivel, which is attached to a split ring which is attached to a three dimensional representation of a soccer ball. The timer, radio and ornamental novelty article are packaged together in a blister display pack ready for retail sale. For tariff classification purposes the timer, radio and ornamental novelty article are not considered to be a set and will be classified accordingly.

The Gadget Gift Pack (consisting of a clip watch, calculator and radio) and Sports Gift Pack (consisting of a timer, radio and ornamental novelty article) are each a single retail package containing articles that are classifiable under three separate headings or subheadings of the tariff. The Explanatory Notes represent the official interpretation of the Harmonized Tariff Schedule of the United States Annotated (HTS) at the international level. 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 articles in each of the Gift Packs fail, in our opinion, to constitute a set for tariff classification purposes. They meet the criteria of elements (a) and (c) above. The articles in each of the Gift Packs 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), each of the articles in the Gadget Gift Pack and Sports Gift Pack must be classified separately.

The applicable subheading for the timer will be 9106.90.55, Harmonized Tariff Schedule of the United States (HTS), which provides for time of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movement or with synchronous motor (for example, time registers, time-recorders); other; other; apparatus for measuring, recording, or otherwise indicating intervals of time, with clock or watch movements, battery powered; with opto-electronic display only. The rate of duty will be 3.9 percent ad valorem on the apparatus plus 5.3 percent ad valorem on the battery.

The applicable subheading for the clip watch will be 9102.91.20, HTS, which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; other; electrically operated; with opto-electronic display only. The rate of duty will be 3.9 percent ad valorem on the movement and case plus 5.3 per cent ad valorem on the battery.

The applicable subheading for the radios will be 8527.19.5035, HTS, which provides for reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock; radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy; other; other; other; FM only or AM/FM only. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the calculator will be 8470.10.0040, HTS, which provides for calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functions; electronic calculators capable of operation without an external source of electric power; display only. The rate of duty will be free.

The applicable subheading for the ornamental novelty article will be 3926.40.0000, HTS, which provides for other articles of plastics and articles of other materials of headings 3901 to 3914; statuettes and other ornamental articles. The rate of duty will be 5.3 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 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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