The tariff classification of recording tape measure from China

NY G87211 February 21, 2001 CLA-2-90:RR:NC:MM:105 G87211 CATEGORY: Classification TARIFF NO.: 9017.80.0000 Ms. Barbara Y. Wierbicki Tompkins & Davidson, LLP Counselors At Law One Astor Plaza 1515 Broadway New York, New York 10036-8901 RE: The tariff classification of recording tape measure from China Dear Ms. Wierbicki: In your letter dated February 13, 2001, on behalf of Avon Products, Inc., you requested a tariff classification ruling. You described the sample as “a retractable tape measure incorporating a 10 second, battery operated voice recording chip and speaker. The tape is of steel, housed in a plastic case measuring approximately 3 inches by 3 inches by 1 ½ inches, and features a hold button which stops the tape from retracting or extending further.” While the voice recording function is not necessarily limited to recording a statement of the measurement seen on the tape, it is likely to be the usual, especially due to the very short duration. The voice recording element per se would be classified in HTS Chapter 85. The item is a composite good in which the tape measure element either gives the whole its essential character or is classified in the last heading that describes the components and which equally merits consideration as supplying the essential character. We therefore agree that the applicable subheading for this item will be 9017.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments for measuring length, for use in the hand. The general rate of duty will be 5.3 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). The sample is being returned to you in a separate mailing. 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 James Sheridan at 212-637-7037. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division