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NY N023775




March 25, 2008

CLA-2-91:OT:RR:NC:1:114

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.11.30

Mr. Martin Schneck
Omni Watch & Clock Co., LLC.
140 58th Street
Suite #6C
Brooklyn, New York 11220

RE: The tariff classification of a wrist watch with two movements

Dear Mr. Schneck:

In your letter dated February 18, 2008 you requested a tariff classification ruling.

The watch will be marketed as the auto-Q. The series is called the Omni-80-114-AQ. The time piece contains a quartz battery operated movement with no jewels and a self-winding mechanical movement with 15 jewels.

The Miyota 2025 quartz movement, made in Japan, controls the hour and minute hands. The self-winding mechanical movement, made in China, controls the second hand sweep. According to your letter, the second hand sweep is independent of the time keeping movement (the quartz movement) and a complete revolution of the second hand sweep does not influence the hour or the minute hand of the watch. The dial of the watch has a viewing window to view the mechanism of the mechanical movement. You state that its purpose is for esthetics.

The wrist watch has a two-tone metal case made of zinc alloy. The back of the watch has a clear viewing window. The silver colored portion of the watch case is PNP plated (palladium-nickel plating) and the bezel portion of the watch case is gold plated. You refer to the gold plating as flash plating because of the thickness of the gold which is less than 7 millionths of an inch. The strap is made of PU (polyurethane) material.

The design of the wrist watch, including the viewing window on the dial of the watch and the clear watch case back, emphasizes the mechanical movement. Viewing the movement through the viewing window on the dial or through the clear back allows one to see the mechanical movement in action. The quartz movement cannot be seen through the viewing window or the back of the watch; however, the quartz movement controls the hour and minute hands of this watch.

The applicable subheading for the auto-Q dual movement watch will be 9102.11.30, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101: other wrist watches, whether or not incorporating a stop watch facility: with mechanical display only: having no jewels or only one jewel in the movement: other: with gold- or silver-plated case. The rate of duty will be 44 cents each plus 6 percent on the case plus 2.8 percent on the strap, band or bracelet plus 5.3 percent on the battery.

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).

For your information, watches are required to be marked with the country of origin in accordance with Section 304, Tariff Act of 1930. In addition, watches must be marked in accordance with Additional U.S. Note 4 of chapter 91 of the Harmonized Tariff (HTSUS), the Special Marking Requirements for movements and cases. If you require a ruling on marking, please furnish a sample of the watch marked as it will be marked at the time of importation.

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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