CLA-2 CO:R:C:G 081571 DC
Seymour Rothstein, Esq.
Allegretti, Newitt, Witcoff & McAndrews, Ltd.
121 South Wacker Drive
Chicago, Illinois 60606
RE: Tariff Classification of the Cateye Model CC-6000
Cyclocomputer
Dear Mr. Rothstein:
In your letters dated June 30, 1987, and January 5, 1988,
you inquired as to the tariff classification of the Cateye Model
CC-6000 cyclocomputer manufactured in Japan.
FACTS:
The Cateye Model CC-6000 measures 2-3/16 inches by 1-13/16
inches by 3/4 inch and weighs 1.34 ounces. It is powered by a
lithium battery and provides a digital readout of the following
functions:
1. current speed
2. cadence range
3. maximum speed
4. odometer
5. trip distance
6. average speed
7. elapsed time
You maintain that the Cateye Model CC-6000 bicycle
cyclocomputer is more than a speedometer, thus mandating its
classification under item 711.98, Tariff Schedules of the United
States (TSUS), as other revolution counters, production counters,
taximeters, odometers, pedometers, counters similar to the
foregoing articles, speedometers and tachometers.
The rationale for your position is that the CC-6000 differs
from the CC-2000, which was held to be not more than a speedo-
meter, because the speed and cadence functions in the CC-6000 are
-2-
co-equal. With respect to the CC-6000, the cadence function is
not subordinate to the speed function. Both functions cannot be
displayed at the same time on the CC-6000 as is the case with the
CC-2000. Also, the CC-6000 does not display current speed
permanently as does the CC-2000.
ISSUE:
Is the CC-6000 "more than" a speedometer for tariff
purposes?
LAW AND ANALYSIS:
The fact that the CC-6000 does not display current speed
permanently is not sufficient to conclude that the CC-6000 is
"more than" a bicycle speedometer for tariff purposes. Further-
more, the CC-2000 with its additional sensor and sensor input,
additional readout, and different marketing is more distinguish-
able from the CC-1000 than the CC-6000 is from the CC-2000. The
CC-6000 and the CC-2000 have the same additional components,
additional functions and marketing thrust. They appear to be
identical in every respect except that the CC-6000 appears to
have had a programing change.
HOLDING:
For the reasons cited above, it is our opinion that the
CC-6000 is not "more than" a bicycle speedometer for tariff
purposes. Consequently, it is properly classifiable under the
provision for bicycle speedometers in item 711.93, TSUS, and
dutiable at the rate of 17 percent ad valorem.
The proposed Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) is scheduled to replace the TSUS. The HTSUSA
provision applicable to the merchandise is subheading
9029.20.2000 as bicycle speedometers. The rate of duty for this
provision is 17 percent ad valorem. This classification
represents the current position of the Customs Service regarding
the dutiable status of the merchandise under the proposed HTSUSA.
If there are any changes before enactment this advice may not
continue to be applicable.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD, NY Seaport
1cc: DD Chicago
1cc: John Durant
DCahill:tj:typed 05/31/88