CLA-2-85:RR:NC:1:108 I82529
Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105
RE: The tariff classification of the “Watch & Radio Combo Set” from China.
Dear Ms. Aldinger:
In your letter dated May 9, 2002 you requested a tariff classification ruling.
The item in question is denoted as the “Watch & Radio Combo Set” item number 998278. It is packaged in a retail blister pack and is composed of a wristwatch with a strap an AM/FM battery operated radio and earphones.
Explanatory Note X to GRI 3b provides for the purpose of this rule, the term “goods put up in sets for retail sale” shall be taken to mean goods which:
A. Consist of at least two different articles which are, prima facie, classifiable in different headings.
B. Consist of products put up together to meet a specific activity; and
C. Are put up in a manner suitable for sale to users without repackaging (e.g. in boxes or cases or on boards).
Upon review of the “Watch & Radio Combo Set” it is evident that it is composed of at least two different articles, which are prima facie, classifiable in different headings and that the items will not be repackaged prior to sale to users. It is however the opinion of this office that the compilation of these particular articles are not put together to meet a specific activity. The articles bear no relationship to each other for they can each operate a specific unrelated activity as individual articles of commerce and together do not meet a single specific activity. Therefore it is the opinion of this office that the watch & Radio Combo Set” does not meet criteria B of Explanatory Note X and would not be considered a set. Therefore each article will be separately classified.
The applicable subheading for the Earphones will be 8518.30.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Headphones and earphones, whether or not combined with a microphone … Other. The rate of duty will be 4.9 percent ad valorem.
The applicable subheading for the AM/FM radio will be 8527.19.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for reception apparatus for radiotelephony, radiotelegraphy, or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Other: Other … FM only or AM/FM only. The rate of duty will be 3 percent ad valorem.
The applicable subheading for the wrist strap will be 9102.12.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Straps, bands or bracelets entered with watches of subheading 9102.12.80: Other. The rate of duty will be free.
The applicable subheading for the watch will be 9102.12.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Wrist watches, electrically operated, with opto-electronic display only: Other. The rate of duty will be free.
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 Michael Contino at 646-733-3014.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division