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NY L87782




October 6, 2005

CLA-2-91:RR:NC:1:126 L87782

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.12.80, 9102.12.40

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road
Valley Stream, NY 11580

RE: The tariff classification of a digital wrist watch from China

Dear Mr. Weinrauch:

In your letter dated September 22, 2005, on behalf of your client, Team Beans LLC, you requested a tariff classification ruling. Two representative samples were submitted with your ruling and will be returned to you as requested.

The submitted sample, designated in your letter as Style Number “Yankees”, is a wrist watch containing a battery-operated electronic watch movement with an opto-electronic display. The rectangular digital display features hour and minutes. The watch has a flexible plastic strap with adjustable snaps which is designed to fit small and large wrists.

The applicable subheading for the digital wrist watch will be 9102.12.80, 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; other. The rate of duty will be free.

The applicable subheading for the plastic watch strap will be 9102.12.40, HTS, which provides for straps, bands or bracelets entered with watches of subheading 9102.12.80 and classifiable therewith pursuant to additional U.S. note 2 to this chapter: other. The rate of duty will be free.

Importations of this merchandise may be subject to the provisions of Section 133 of the Customs Regulations if it copies or simulates a trademark, tradename, or copyright registered with United States Customs and Border Protection.

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.

Regarding the baseball paperweight - Style Number “Astros”, we do not have enough information to issue a tariff classification ruling. Please submit the additional information indicated below.

In your letter you stated that this product is composed of resin material. Please identify this material. Doe the term “resin” refer to plastics resin or some other material?

Does the resin material consist of pure plastics or a combination of plastics and another material?

If it is a combination of plastics and another material, are the two materials uniformly blended or agglomerated throughout the body of the article? Please provide the precise geological and/or chemical name of the material agglomerated with the plastic resin. Please indicate the percentage by weight of the plastics and the percentage by weight of the other material.

Please describe the manner in which the material agglomerated with the plastics is produced or derived. It is not sufficient to indicate a chemical name - such as calcium carbonate - for the material agglomerated with plastics. We must know whether this material is derived from natural stone, a synthetic chemical or a mineral other than stone. If it is a chemical, please indicate the precise name of the chemical. If it is a natural stone, identify the stone (e.g., marble, limestone, granite, etc.). If it is a natural mineral other than stone indicate the precise name and derivation of this mineral. In addition, please provide the precise name of the resin.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include the sample as well as all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division

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