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June 25, 1999

CLA-2-91:RR:NC:MM:114 E83314


TARIFF NO.: 9102.12.40, 9102.12.80

Mr. Les Baskind
Kal Kreations, Incorporated
150 Bellam Boulevard
Suite 235
San Rafael, California 94901

RE: The tariff classification of WhistleWatches from China and Taiwan

Dear Mr. Baskind:

In your letter dated June 3, 1999, you requested a tariff classification ruling on WhistleWatches from China and Taiwan. A sample of the WhistleWatch was submitted with the ruling request.

The sample submitted with your letter, item number 04010, is identified as the WhistleWatch. The WhistleWatch is a childÂ’s wrist watch containing a loud whistle for fun, sports and safety. The WhistleWatch contains a battery-operated electronic watch movement with a liquid crystal display. The watch requires one 1.5 volt silver oxide battery to operate. The watch has a plastic case with a flip-top cover which snaps open to reveal the opto-electronic display. The whistle is built into the flip-top cover. The watch band is made of plastic. The WhistleWatch is contained in a blister display package. The catalogue sheet submitted with your request indicates that the WhistleWatch is available in assorted styles including sports themes. The essential character of this composite article is derived from the quartz digital wrist watch.

The applicable subheading for the WhistleWatch 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 plastic strap for the WhistleWatch 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 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 212-637-7058.


Robert B. Swierupski

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