CLA-2-91:RR:NC:MM:114 H89183
Mr. Brian Rothmuller
Marketing Coordinator
MGA Entertainment
Corporate Office
16730 Schoenborn Street
North Hills, CA 91343-6122
RE: The tariff classification of quartz digital wrist watch and plastic ring from Hong Kong
Dear Mr. Rothmuller:
In your letter dated March 4, 2002, on behalf of ABC International Traders, Inc., you requested a tariff classification ruling on a quartz digital wrist watch and plastic ring from Hong Kong. Pictures and a description of the watch and ring were submitted with the ruling request.
The submitted item number 255178 is identified as the Bratz Denim Watch and Ring. Based on the description and pictures provided, the watch is a wrist watch containing a battery-operated electronic watch movement with a liquid crystal display (LCD) in a plastic case with a light blue face. The watch features a band made of denim fabric. The band features a silver glitter silkscreen logo. The LCD display features date, hour, minutes and seconds with lighted displays. The ring is made of injection molded pink plastic and features small light emitting diode (LED) lights. You have indicated that the watch is imported and sold with the ring. For tariff classification purposes the wrist watch and plastic ring are not considered to be a set and will be classified accordingly.
The submitted items are classifiable under two or more headings or subheadings of the tariff. GRI 3 applies when goods are put up for sale collectively and are classifiable under two or more headings of the tariff. GRI 3(b) covers goods put up in sets for retail sale. Explanatory Note X to GRI 3(b) defines “goods put up in sets for retail sale”. Such goods: (a) consist of at least two different articles that are classifiable in different headings, (b) consist of products put up together to meet a particular need or carry out a specific activity, and (c) are put up in a manner suitable for sale directly to users without repacking. The submitted items fail, in our opinion, to constitute a set for tariff classification purposes. They meet the criteria of elements (a) and (c) above. The wrist watch and ring do not consist of products put up together to meet a particular need or carry out a common specific activity. Having failed as a set in accordance with GRI 3(b) the items must be classified separately.
The applicable subheading for the wrist watch will be 9102.12.80, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; wrist watches, electrically operated, whether or not incorporating a stop watch facility; with opto-electronic display only; other. The rate of duty will be free.
The applicable subheading for the demim watch band will be 9102.12.20, HTS, which provides for straps, bands or bracelets entered with watches of subheading 9102.12.80 and classifiable therewith pursuant to additional U.S. note 2 to this chapter; all the foregoing whether or not attached to such watches at the time of entry; of textile material or of base metal, whether or not gold- or silver-plated. The rate of duty will be free.
The applicable subheading for the plastic ring, if valued not over 20 cents per dozen pieces or parts, will be 7117.90.4500, HTS, which provides for imitation jewelry; other; other; valued not over 20 cents per dozen pieces or parts; toy jewelry (except parts). The rate of duty will be free.
If valued over 20 cents per dozen pieces or parts, and if valued not over 8 cents per piece, the applicable subheading will be 7117.90.6000, HTS, which provides for imitation jewelry; other; other; valued over 20 cents per dozen pieces or parts; toy jewelry (except parts) valued not over 8 cents per piece. 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 Barbara Kiefer at 646-733-3019.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division