CLA-2-90:RR:NC:N1:105 I86977
Mr. Gene Cherniak
Designers & Manufacturers of Fine Watches
4335 Marina City Drive 440 East Tower South
Marina del Rey, CA 90292
RE: The tariff classification of Fish Finders from China
Dear Mr. Cherniak:
In your letter dated September 30, 2002, you requested a tariff classification ruling.
The merchandise subject to this request is a wrist instrument called a radio frequency “fish finder”. The item will be designed in the shape of a wristwatch with a LCD screen. Information will be taken from a sonar transmitter which floats on the water and send the signal to the watch to receive the sonar information and display it on the screen on the watch. There may or may not be a time indicator on the watch.
You indicate that you may also develop the radio frequency transmitter for the above product. The transmitter will be housed in a floatable plastic container with a sonar device inside.
Finally, when the products are produced, they will be packed in a clamshell plastic
packaging.
We believe there is sufficient information to classify the packaged “fish finder” without a time indicator on the watch. We take your information to indicate that the radio frequency is used only in relaying the information gathered by the SONAR apparatus floating in the water to a radio receiver in the wrist display device. We assume that the SONAR (Sound Navigation And Ranging) device will emit a pattern of underwater sounds, which, from the strength and timing of echoes received by its microphone, will enable it to calculate the distance and heading of the sound reflecting objects (such as fish). We take it that the wrist device will display that distance and heading information.
We take it that the combination of the SONAR device and the wrist display will be packaged for retail sale together in the “clamshell plastic” package, which we assume, will be a small percent of the total cost of the item sold.
Your item is quite different from the one New York Ruling Letter B84244 which you cited. It also provided information regarding boat speed and water temperature. However, Harmonized System Explanatory Note II-B-7 does include sonar, including those used to detect shoals of fish, as an example of Ultrasonic Sounding or Detecting Equipment under Navigational Instruments and Appliances.
The applicable subheading for the complete, packaged “fish finder” sonar unit will be 9014.80.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Ships’ Logs and Depth-Sounding Apparatus. The rate of duty will be 3.2 percent ad valorem.
Regarding the systems that would have a wrist display which would include a time indicator and the radio frequency transmitter that you may develop, we are returning your request for a classification ruling, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:
For both, samples, photographs, drawings or other pictorial representations of the items and their approximate cost.
Descriptive literature or a detailed explanation on the use of the items.
Descriptive literature or a detailed explanation on how the items operate/function.
Regarding the time indicator, noting especially that your letterhead describes the Rich Company as Designers and Manufacturers of Fine Watches, what will be approximate percent of the cost of the complete item attributable to the time indicator function?
Regarding the radio frequency transmitter, do you plan to import it separately? How does it differ from the ones you presently plan to include in the imported “fish finders”?
Country of origin of each.
When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
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 above, contact National Import Specialist J. Sheridan at 646-733-3012.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division