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NY R01505

March 21, 2005

CLA-2-91:RR:NC:MM:114 R01505


TARIFF NO.: 9102.91.20

Mr. Troy D. Crago
Import Specialist
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of the Scrolling Message Keychain from China

Dear Mr. Crago:

In your letter dated February 18, 2005, you requested a tariff classification ruling on the Scrolling Message Keychain from China. A picture of the Scrolling Message Keychain was submitted with the ruling request.

The submitted item number C017DA02713 is identified in your letter as the Scrolling Message Keychain. The Scrolling Message Keychain is a battery operated, digital combination watch and keychain. The combination article has a liquid crystal display (LCD) that features the year, month, day, hour, minute, and preset message.

You have requested clarification as to whether the Scrolling Message Keychain should be classified in chapter 91 because of the watch function or whether it should be classified in chapter 85 as an electrical item. The National Import Specialist for heading 8543, Harmonized Tariff Schedule of the United States (HTS), has indicated that heading 8543 specifies “individual function” in its heading. The Scrolling Message Keychain has multiple functions, therefore, the item is excluded from classification under this heading.

The General Rules of Interpretation (GRIs) taken in order governs classification of merchandise under the HTS. The digital combination article is a composite article that is classifiable under more than one heading, each equally specific. It is the opinion of this office that there is no essential character for this composite article. Accordingly, the digital combination article will be classified according to GRI 3(c) which states “when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration”. Applying GRI 3(c), the digital combination article is classifiable under heading 9102 since it occurs last in numerical order of the competing headings.

You have also asked for additional information. There are no quota restrictions or visa requirements for the Scrolling Message Keychain. Anti-dumping or countervailing duties are not applicable for this article.

The applicable subheading for the Scrolling Message Keychain will be 9102.91.20, HTS, which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; other; electrically operated; with opto-electronic display only. The rate of duty will be 3.9 percent ad valorem on the movement and case plus 5.3 per cent ad valorem on the battery.

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.


Robert B. Swierupski

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