The tariff classification of quartz analog pocket watch, metal chain and decorative metal box from China

NY H82723 July 17, 2001 CLA-2-91:RR:NC:MM:114 H82723 CATEGORY: Classification TARIFF NO.: 9102.91.40; 7310.29.0050; 7117.19.9000 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 quartz analog pocket watch, metal chain and decorative metal box from China Dear Ms. Wierbicki: In your letter dated June 19, 2001, on behalf of Avon Products, Inc., you requested a tariff classification ruling. Illustrative samples of the quartz analog pocket watch, metal chain and decorative metal box were submitted with the ruling request. The submitted item number PP 225344 is identified as a Pocket Watch in Tin Box. The Pocket Watch in Tin Box consists of a pocket watch, chain and box. The watch is a battery operated quartz analog pocket watch in a round silver tone base metal case with a detachable silver tone base metal chain. The chain measures approximately 13 inches in length with a silver tone metal clip attached to one end. The watch has no jewels in the movement. The watch dial is decorated with an artistic rendering of a wolf in the winter wilderness and the signature of the artist, Al Agnew. The face of the watch features the traditional Arabic numbers 3, 6, 9 and 12 around the periphery corresponding to the hours of the day. The watch has a round dial with white numbers and silver tone hour, minute and second hands. The watch case is constructed of base metal plated with 5-6 microns of copper, 6 microns of nickel and 0.25 microns of PNP. The crown is plated with 5-6 microns of copper, 6 microns of nickel and 0.5 microns of PNP. The watch case measures approximately 2 inches in diameter and 5/8 inch in depth. The case features a stem and hinged loop at the top center of the case to permit attachment of a watch chain. The front of the case has a cover decorated with an artistic rendering of a wolf in the wilderness and the signature of the artist. The back cover of the case bears the artist’s signature in relief. You have indicated in your letter that the watch will be imported and sold in a tin-plated steel gift box with a removable lid. The lid is painted white and bears the same artistic rendition of the wolf as is featured on the watch cover. The words “Majestic Encounters” are printed above the picture of the wolf. The signature of the artist appears below the picture of the wolf, and the words “Exclusive Edition” appear below the signature of the artist. The decorative metal box measures approximately 3 3/4 inches in length by 3 inches in width and 1 inch in depth. The box has removable foam cushioning inserted to protect the watch during shipment. You have indicated that an illustrative sample of the Pocket Watch in Tin Box has been submitted for our review and the actual merchandise will be properly marked. You have indicated that Avon Products, Inc. contemplates importing from China. Your sample is being returned as requested. The applicable subheading for the quartz analog pocket watch will be 9102.91.40, 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; other; electrically operated; other; having no jewels or only one jewel in the movement. The rate of duty will be 40 cents each plus 6 percent ad valorem on the case plus 5.3 percent ad valorem on the battery. The applicable subheading for the metal chain will be 7117.19.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry; of base metal, whether or not plated with precious metal; other; other; other. The rate of duty will be 11 percent ad valorem. The applicable subheading for the decorative metal box will be 7310.29.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment; of a capacity of less than 50 liters; other; 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division