CLA-2-91:S:N:N3G:344
9102.12.8020
Mrs. Florence Pianko
Advance Watch Co., Ltd.
26400 W. 8 Mile Road
Southfield, MI 48034
RE: The tariff classification of a digital LCD watch/sweatband
with an extra sweatband, from China.
Dear Mrs. Pianko:
In your letter of April 6, 1990, you asked for a
classification ruling on an L.A. Gear LCD watch and sweatband
articles.
Two articles in a blister card and an empty bubble bag were
submitted with your request. The blister packaging contains a
wrist watch--a battery operated solid-state electronic watch
movement with a digital liquid crystal display (LCD) permanently
affixed to a cotton terry cloth sweatband--and a cotton terry
cloth sweatband without a watch movement. The L.A. Gear name is
embroidered on both bands.
You state that the LCD watch and the extra sweatband will be
imported in either blister packaging (retail packaging) as per
the sample or in a bubble bag.
The sweatband used with the watch is an integral part of the
wrist watch as it is the wristband for the watch. When imported
in the blister card packaging the LCD watch and the extra
sweatband constitute a set. The essential character of the set is
derived from the watch with its sweatband wristband.
When imported in a bubble bag the watch and the extra
sweatband are not a set because the bubble bag is not retail
packaging. After importation, the watch and the sweatband may be
disposed of separately, either given away or sold. Imported in
this fashion the LCD watch with its integral band and the extra
sweatband are separate commercial entities, separately
classifiable.
The applicable subheading for the LCD watch and sweatband
set, packaged in a blister card, will be 9102.12.80, Harmonized
Tariff Schedule of the United States (HTS), which provides for
wrist watches...battery powered, whether or not incorporating a
stop watch facility: with opto-electronic display only. The duty
rate will be 3.9% on the movement and case under 9102.12.8010,
HTS, and 5.3% on the battery under 9102.12.8020, HTS. The
applicable subheading for the wristband portion of the wrist
watch and the other sweatband in the set will be 9102.12.2000,
HTS, which provides for textile straps, bands or bracelets
entered with watches of subheading 9102.12.80. The duty rate on
both bands will be 3.9%.
As indicated above, when imported in a bubble bag the LCD watch
and the extra sweatband are separately classifiable. The applicable
subheading for the watch will be 9102.12.80, HTS. The duty rate will be
3.9% on the movement and case under 9102.12.8010, HTS, and 5.3% on the
battery in 9102.12.8020, HTS. The applicable subheading for the
sweatband wristband portion of the watch will be 9102.12.2000, HTS, and
the duty rate is 3.9%. The applicable subheading on the other sweatband
will be 6117.80.0010, HTS, which provides for other made up clothing
accessories of cotton.
The textile wristband portion of the watch is not subject to visa
requirements or quota restraints. However, whether imported as part of
a set or imported in a bubble bag and separately classified, the extra
sweatband falls within textile category designation 359. Based upon
international textile agreements, products of China are subject to a
visa and quota restraints.
The designated textile and apparel category may be subdivided into
parts. If so, visa and quota requirements applicable to the subject
merchandise may be affected. Since part categories are the result of
international bilateral agreements which are subject to frequent
renegotiations and changes, to obtain the most current information
available, we suggest that you check, close to the time of shipment,
the Status Report on Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport