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NY K88222




August 2, 2004
CLA-2-91:RR:NC:MM:114 K88222

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.11.45

Mr. Gary Felsenthal
Genio Group
1120 Avenue of the Americas
Suite 4020
New York, NY 10036

RE: The tariff classification of jelly watches

Dear Mr. Felsenthal:

In your letter dated July 20, 2004 you requested a tariff classification ruling.

You submitted a sample of a jelly watch called the “Gummy Watch”. It is a battery operated analog watch with hour, minute and sweep hands. In a telephone conversation, you indicated that the watch movement has no jewels. There are two interchangeable watch bands that are referred to as bangles. The bangles are made of flexible PVC and are scented with a fragrance material. The jelly watch will be packaged in a clear injection-molded plastic case with one watch head and two interchangeable bangles.

The applicable subheading for the jelly watch with two interchangeable plastic watch bands will be 9102.11.45, Harmonized Tariff Schedule of the United States (HTS), which provides for 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. The rate of duty will be 40 cents each plus 8.5 percent on the case plus 2.8 percent on the strap, band or bracelet plus 5.3 percent on the battery.

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

For your information, watches must be marked with country of origin in accordance with Section 304, Tariff Act of 1930 as amended, 19 USC 1304. The country of origin of a watch is the country of origin of the movement. In addition to the Section 304 marking requirements, watches must be marked in accordance with the special marking requirements of chapter 91 as stated in Additional U.S. Note 4 to chapter 91. A copy of Additional U.S. Note 4 to chapter 91 is attached. If you require a ruling on the marking of the jelly watch, please request it in writing and furnish a sample of the watch in the condition it will be imported into the United States.

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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