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NY L83702

April 18, 2005

CLA-2-91:RR:NC:MM:114 L83702


TARIFF NO.: 9106.90.55

Ms. Lisa E. Girvin
Eddie Bauer
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of handheld UV sensor from China

Dear Ms. Girvin:

In your letter dated March 4, 2005 you requested a tariff classification ruling.

The Precision Handheld UV Meter 881UC1, item number 022-1295, is a battery operated handheld UV sensor. The sensor monitors exposure to ultraviolet rays from the sun during out door activities such as hiking, sunbathing and cycling. Item 022-1295 features a clock mode, UVI (Ultra Violet Index) test mode, three exposure timer modes and a temperature gauge that displays the temperature in the Fahrenheit or Celsius scale.

In the UVI test mode, the sensor detects the sun’s rays. The microprocessor calculates the UVI using its reference database. The UVI will be displayed on the LCD screen using a “UV face”, not a numerical score. The UV face has five versions; each represents the intensity of the UV light from minimal to very high.

The device has three exposure timer functions: a five-minute count down timer, a ten-minute count down timer and a Skin and SPF (Sun Protection Factor) timer. The three timers are separate functions. If you are using the Skin and SPF count down timer, you must set the device with the current conditions. You insert the SPF number of the sunscreen you are using, the skin type of the user and the UVI. With any of the three exposure timer modes, an alarm sounds to alert you to your exposure time to the sun.

The Handheld UV sensor will be packaged with a belt clip and a neck strap. The article is imported with a trial battery installed in the device.

You state that you believe that the device is classified as a clock under subheading 9105.99.6000, HTS, since the article can function as a clock and a timer. Noting GRI 3 of the Harmonized Tariff Schedule of the United States, the UV sensor is a composite good for tariff classification purposes. The essential character of the device is imparted by the exposure timers. There is a specific heading in chapter 91 of the Harmonized Tariff Schedule of the United States for timers.

The applicable subheading for the UV sensor, article 022-1295, will be 9106.90.55, Harmonized Tariff Schedule of the United States (HTS), which provides for time of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time; other; other; apparatus for measuring recording or otherwise indicating intervals of time, with clock or watch movements, battery powered: with opto-electronic display only. The rate of duty will be 3.9 percent on the apparatus plus 5.3 percent on the battery.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Your sample is being returned as requested.

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.


Robert B. Swierupski

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