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NY K81851




January 7, 2004

CLA-2-90:RR:NC:MM:114 K81851

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.19.20

Mr. David M. Murphy
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue
25th Floor
New York, NY 10022-4877

RE: The tariff classification of a wristwatch from Japan

Dear Mr. Murphy:

In your letter dated December 9, 2003, on behalf of Casio Inc., you requested a tariff classification ruling.

Model no. WS300B-1BV is a battery-operated wristwatch. The watch has a plastic case with a stainless steel back, a dial with hour, minute and second hands and a textile wrist strap. The watch also features two liquid crystal displays; one displays the month, date and day of the week and the other shows the time in hours, minutes and seconds. The watch is called the Personal Trainer watch and features an auto light switch, lap memory and stopwatch mode. It is water resistant to 100 meters.

The applicable subheading for wristwatch model no. WS300B-1BV, if there are no jewels in the movement, will be 9102.19.20, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, electrically operated, whether or not incorporating a stop watch facility, other, 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. The duty rate will be 32 cents each plus 4.8 percent on the case plus 11 percent on the strap, band or bracelet plus 4.2 percent on the battery.

Your inquiry does not provide enough information for us to give a classification ruling on model no. DBC30-1 (Telememo 30) and model no. EDB610D-8C (Data Memory 350). Your request for a classification ruling should include the additional information indicated below. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

Does either watch feature any operating system (i.e. Palm OS) stored within a microprocessor or CPU (central processing unit)? How much memory is available in each watch, and can more be added? Can either watch be synchronized with a personal digital assistant (PDA) or personal computer (PC)? Will they support infrared beaming with other PDA or PC devices? Can third party applications be installed or added to either watch?

Are the watches capable of storing the processing program or programs and at least the data immediately necessary for execution of the program; being freely programmed in accordance with the requirements of the user; performing arithmetical computations specified by the user; and, executing, without human intervention, a processing program which requires them to modify their execution, by logical decision during the processing run?

Also, provide a complete description of the movement incorporated in the DBC30-1 and the EDB610D-8C watches.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

The samples of the watches are being returned as requested.

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 on model no. WS300B-1BV, contact National Import Specialist Barbara Kiefer at 646-733-3019. If you have any questions regarding the additional information requested for model no. DBC30-1 and model no. EDB610D-8C, please contact National Import Specialist Eileen Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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