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HQ 966206




September 11, 2003

CLA-2 RR:CR:GC 966206 KBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.11.45

Ms. Christy Miller
Customs Specialist
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: NY I88952 Revoked; Analog Wrist Watch

Dear Ms. Miller:

This is in reference to New York Ruling Letter (NY) I88952, issued to you on December 16, 2002, concerning Protest 3801-98-102222. This ruling concerned the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of the Presto Cee analog wrist watch. We have reviewed NY I88952 and determined that the classification provided for the analog wrist watch is incorrect. This ruling sets forth the correct classification.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), a notice was published on July 9, 2003, Vol. 37, No. 28 of the Customs Bulletin, proposing to revoke NY I88952. No comments were received in response to this notice.

FACTS:

NY I88952 concerned Style WT0009, the Presto Cee Analog, a women’s battery operated quartz analog wrist watch in a plastic case. There are no jewels in the movement. The watch has a plastic watch band with ventilated wrist grips and is water resistant to 30 meters. The analog wrist watch features a white dial with silver-tone hour, minute and second hands.

In NY I88952, it was determined that the analog wrist watch was classified in subheading 9102.19.40, HTSUS, as: “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: Other: Having no jewels or only one jewel in the movement: Other.” We have reviewed that ruling and determined that the classification is incorrect. This ruling sets forth the correct classification.

ISSUE:

Whether the analog wrist watch is classified as “with mechanical display only” under subheading 9102.11, HTSUS.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). Under GRI 1, merchandise is classifiable according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied.

The HTSUS provisions under consideration are as follows:

9102 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

Other:

Having no jewels or only one jewel in the movement:

Other

The article at issue is a battery powered, quartz analog wrist watch. To determine the time of day, the user looks at a traditional watch face – a dial with hands. This is in contrast to a digital watch where the time of day is displayed numerically, typically with a LCD or LED display.

The article’s dial and hands display is called a “mechanical display.” The HTSUS specifically provides for a watch which has only a mechanical display in subheading 9102.11, HTSUS. See HQ 086562 (June 12, 1990), NY H86759 (January 25, 2002), and NY H80178 (May 9, 2001). The HTSUS treats a wrist watch with a mechanical display differently than a wrist watch with a digital display, the latter being classified in subheading 9102.19, HTSUS. See NY C88974 (July 7, 1998) and NY C81810 (December 17, 1997).

Therefore, since the instant Presto Cee analog wrist watch has a dial and hands display, it is classified as a wrist watch with a mechanical display only in subheading 9102.11.45, HTSUS.

HOLDING:

The Presto Cee analog wrist watch is classified under subheading 9102.11.45, HTSUS, as: “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.”

EFFECT ON OTHER RULINGS:

NY I88952 dated December 16, 2002, is REVOKED. In accordance with 19 U.S.C. §1625(c), this ruling will become effective sixty (60) days after publication in the Customs Bulletin.

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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