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NY D82681

October 6, 1998

CLA-2-91:RR:NC:MM:114 D82681


TARIFF NO.: 9102.12.80; 9102.12.40

Ms. Annie Ortega
U.S. Import & Promotions Co.
Financial Federal Building
407 Lincoln Road
Suite 12-D
Miami Beach, Florida 33139

RE: The tariff classification of a digital watch with alarm feature and EL Glow feature from China

Dear Ms. Ortega:

In your letter dated September 16, 1998, on behalf of Sun Company, Inc., you requested a tariff classification ruling.

The submitted item, UPC Code TBD, is a battery operated, digital wrist watch. The watch has a liquid crystal display (LCD) in a metal and plastic case with a rubber strap. The watch case consists of a stainless steel case back and plastic case frame and face. The watch features an alarm and an EL Glow.

The watch is a promotional device to be used as a give away with an eight gallon fuel purchase.

Your sample is being returned as requested.

The applicable subheading for the digital watch will be 9102.12.80, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist 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 0.8 percent ad valorem on the movement and case plus 1.1 percent ad valorem on the battery.

The applicable subheading for the rubber strap or band, will be 9102.12.40, Harmonized Tariff Schedule of the United States (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; other. The rate of duty will be 0.8 percent ad valorem.

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 212-466-5685.


Robert B. Swierupski

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