The tariff classification of a watch, watch band, camera, binoculars and walkie talkie made in China

NY J84948 June 6, 2003 CLA-2-91:RR:NC:MM:114 J84948 CATEGORY: Classification TARIFF NO.: 9102.12.80; 9102.12.40; 9006.53.0070; 9005.10.0080; 8525.20.3015 Ms. Lorianne Aldinger Import Manager Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of a watch, watch band, camera, binoculars and walkie talkie made in China Dear Ms. Aldinger: In your letter dated May 14, 2003, you requested a tariff classification ruling on a watch, watch band, camera, binoculars and walkie talkie made in China. Samples of the watch, watch band, camera, binoculars and walkie talkie were submitted with the ruling request. The submitted item number 932401 is identified in your letter as My First Kit. The submitted My First Kit consists of a watch, watch band, camera, binoculars and walkie talkie. The watch is a wrist watch containing a battery-operated electronic watch movement with a liquid crystal display (LCD) in a round plastic case. The watch has a plastic watch strap with a sliding plastic loop on the watch strap. The end of the watch strap is pulled through the opening of the loop to keep the end of the strap in place. The LCD display features hour, minute, second, month and date. The camera is a fixed focus 35 mm camera without a flash unit. The camera features a textile neck strap that is permanently attached to the camera body. The film is loaded by the consumer into the back of the camera. The film is not included. The film compartment is accessed by a hinged back cover. Pictures are taken by pressing a shutter release button located on the top of the camera and subsequently advancing each frame via a film winding wheel. Once each frame of film has been taken, a film rewind crank located on the top of the camera enables the film to be re-rolled into its original container and removed by the consumer. The binoculars feature 4 X 28 power magnification. The foldable compact plastic binoculars have an adjustable focusing ring and a textile neck cord. The hand-held Morse code type walkie talkie features a flexible safety antenna, push-to-talk switch, volume control and on/off switch, and a belt clip. The walkie talkie uses a 9V battery to operate. The battery is not included. The watch, watch band, camera, binoculars and walkie talkie are packaged together in a window display cardboard box ready for retail sale. For tariff classification purposes the watch, watch band, camera, binoculars and walkie talkie are not considered to be a set and will be classified accordingly. The submitted My First Kit consisting of a watch, watch band, camera, binoculars and walkie talkie is a single retail package containing articles that are classifiable under several separate headings or subheadings of the tariff. The Explanatory Notes represent the official interpretation of the Harmonized Tariff Schedule of the United States Annotated at the international level. GRI 3 applies when goods are put up for sale collectively and are classifiable under two or more headings of the tariff. GRI 3(b) covers goods put up in sets for retail sale. Explanatory Note X to GRI 3(b) defines “goods put up in sets for retail sale”. Such goods: (a) consist of at least two different articles that are classifiable in different headings, (b) consist of products put up together to meet a particular need or carry out a specific activity, and (c) are put up in a manner suitable for sale directly to users without repacking. The watch, watch band, camera, binoculars and walkie talkie packaged together in a window display cardboard box ready for retail sale fail, in our opinion, to constitute a set for tariff classification purposes. They meet the criteria of elements (a) and (c) above. The retail package does not consist of products put up together to meet a particular need or carry out a common specific activity. Having failed as a set in accordance with GRI 3(b), the watch, watch band, camera, binoculars and walkie talkie in My First Kit must be classified separately. The applicable subheading for the 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 watch band will be 9102.12.40, 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. The applicable subheading for the camera will be 9006.53.0070, HTS, which provides for photographic (other than cinematographic) cameras; other cameras; other, for roll film of a width of 35 mm; other; other. The rate of duty will be free. The applicable subheading for the binoculars will be 9005.10.0080, HTS, which provides for binoculars, monoculars, other optical telescopes, and mountings therefor; binoculars; other. The rate of duty will be free. The applicable subheading for the walkie talkie will be 8525.20.3015, HTS, which provides for transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other video camera recorders; digital cameras; transmission apparatus incorporating reception apparatus; transceivers; other; hand-held; for frequencies exceeding 30 MHz, but not exceeding 400 MHz. 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 646-733-3019. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division