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NY M86779




September 22, 2006

CLA-2-91:RR:NC:MM:114 M86779

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.91.20

Mr. Troy D. Crago
Import Specialist
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of FM Stop Watch Radio from China

Dear Mr. Crago:

In your letter dated September 13, 2006, you requested a tariff classification ruling on the FM Stop Watch Radio from China. A sample of the FM Stop Watch Radio was submitted with the ruling request.

The submitted item number C017HA02649 for which you are requesting a ruling is identified in your letter as the FM Stop Watch Radio. Based on our review of the sample received, this version of the FM Stop Watch Radio is a composite good that consists of a quartz digital watch and a FM radio housed in a blue plastic case. The watch contains a battery-operated electronic watch movement. The FM Stop Watch Radio has a rectangular liquid crystal display (LCD) situated in the upper portion of the front of the case. The LCD display features the time, stop watch, alarm and day of the week. The article has a start/stop button, scan button, reset button and hi/low/off switch. The FM Stop Watch Radio requires two AG13 button cell batteries to operate; the batteries will be included. The FM Stop Watch Radio will be imported and sold with earphones and a nylon hanging strap. You have indicated that the FM Stop Watch Radio will be made in China.

Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation taken in order. The combination watch and radio is a composite article that is classifiable under more than one heading, each equally specific. It is the opinion of this office that there is no essential character for this composite article. Accordingly, the FM Stop Watch Radio will be classified according to General Rule of Interpretation 3(c) which states “when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration”. Applying GRI 3(c), the FM Stop Watch Radio is classifiable under heading 9102 since it occurs last in numerical order of the two competing headings.

Your sample is being returned as requested.

The applicable subheading for the FM Stop Watch Radio will be 9102.91.20, HTSUS, 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.

Based upon international trade agreements, goods classified in HTSUS 9102 are not subject to quota and the requirement of a visa.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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