# NY H83973

July 19, 2001

CLA-2-91:RR:NC:MM:114 H83973

CATEGORY: Classification

TARIFF NO.: 9102.12.80; 9102.12.20; 4202.92.3031

Ms. Sharon Moore

Veltec Sports, Inc.

1793 Catalina Street

Sand City, CA 93955-3746

RE: The tariff classification of the CCHAC 2 and Ciclopuls CP8 made in
Hong Kong

Dear Ms. Moore:

In your letter dated May 17, 2001, you requested a tariff classification
ruling. Samples of the CCHAC 2 and Ciclopuls CP8 were submitted with the
ruling request.

The submitted samples are identified as the CCHAC 2 and Ciclopuls CP8.
You state in your letter that the items are manufactured in Hong Kong.

The CCHAC 2 consists of a digital combination article, transmitter belt,
breast belt and blue zippered sport bag. The battery operated, digital
combination article consists of a wrist watch and heart rate monitor.
The watch has a textile strap. The combination article features a liquid
crystal display (LCD) that measures approximately 1 inch in length by 1
inch in width. The display features the time, date and heart rate. The
combination article, transmitter belt and breast belt are packed in the
sport bag ready for retail sale.

The Ciclopuls CP8 consists of a digital combination article, transmitter
belt, breast belt and black zippered bag. The battery operated, digital
combination article consists of a wrist watch and heart rate monitor.
The watch has a textile strap. The combination article features a liquid
crystal display (LCD) that measures approximately 1 inch in length by
3/4 inch in width. The display features the time and heart rate. The
combination article, transmitter belt and breast belt are packed in the
bag ready for retail sale.

Classification of merchandise under the Harmonized Tariff Schedule of
the United States is governed by the General Rules of Interpretation
(GRIs) taken in order. Each of the digital combination articles 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 the composite articles. Accordingly, the digital
combination articles will be classified according to General Rule of
Interpretation 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), each of the digital combination
articles is classifiable under heading 9102 since it occurs last in
numerical order of the competing headings.

The applicable subheading for the digital combination articles in the
CCHAC 2 and Ciclopuls CP8 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 duty rate will be free.

The applicable subheading for the textile watch straps will be
9102.12.20, 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; of textile
material. The duty rate will be free.

The applicable subheading for the blue sport bag in the CCHAC 2 will be
4202.92.3031, HTS, which provides for travel, sports and similar bags;
with outer surface of textile materials; other; other; of man-made
fibers; other. The duty rate will be 18.3 percent ad valorem.

Items classifiable under HTS subheading 4202.92.3031 fall within textile
category designation 670. Based upon international textile trade
agreements products of Hong Kong are subject to quota and the
requirement of a visa.

The designated textile and apparel categories and their quota and visa
status are the result of international agreements that are subject to
frequent renegotiations and changes. To obtain the most current
information, we suggest that you check, close to the time of shipment,
the [U.S. Customs Service Textile Status Report]{.underline}, an
internal issuance of the U.S. Customs Service, which is available at the
Customs Web site at www.customs.gov. In addition, the designated textile
and apparel categories may be subdivided into parts. If so, visa and
quota requirements applicable to the subject merchandise may be affected
and should also be verified at the time of shipment.

We are unable to issue a tariff classification ruling on the black
zippered bag in the Ciclopuls CP8 at this time. In order to issue a
ruling we need a breakdown of the component materials of the bag by
weight (outer surface only).

We are unable to issue a tariff classification ruling on the transmitter
belt and breast belt at this time. In order to issue a ruling we need
additional information as indicated below.

Is this device solely designed to transmit a RF signal through the ether
without any line connection?

Does the belt transmitter perform any other function? (monitoring,
measuring)

Please specify the actual frequency in megahertz (MHz). Note fhz is not
recognized as a frequency mode by this office, please clarify.

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