CLA-2 CO:R:C:G 081571 DC

Seymour Rothstein, Esq.
Allegretti, Newitt, Witcoff & McAndrews, Ltd.
121 South Wacker Drive
Chicago, Illinois 60606

RE: Tariff Classification of the Cateye Model CC-6000 Cyclocomputer

Dear Mr. Rothstein:

In your letters dated June 30, 1987, and January 5, 1988, you inquired as to the tariff classification of the Cateye Model CC-6000 cyclocomputer manufactured in Japan.


The Cateye Model CC-6000 measures 2-3/16 inches by 1-13/16 inches by 3/4 inch and weighs 1.34 ounces. It is powered by a lithium battery and provides a digital readout of the following functions:

1. current speed 2. cadence range 3. maximum speed 4. odometer 5. trip distance 6. average speed 7. elapsed time

You maintain that the Cateye Model CC-6000 bicycle cyclocomputer is more than a speedometer, thus mandating its classification under item 711.98, Tariff Schedules of the United States (TSUS), as other revolution counters, production counters, taximeters, odometers, pedometers, counters similar to the foregoing articles, speedometers and tachometers.

The rationale for your position is that the CC-6000 differs from the CC-2000, which was held to be not more than a speedo- meter, because the speed and cadence functions in the CC-6000 are


co-equal. With respect to the CC-6000, the cadence function is not subordinate to the speed function. Both functions cannot be displayed at the same time on the CC-6000 as is the case with the CC-2000. Also, the CC-6000 does not display current speed permanently as does the CC-2000.


Is the CC-6000 "more than" a speedometer for tariff purposes?


The fact that the CC-6000 does not display current speed permanently is not sufficient to conclude that the CC-6000 is "more than" a bicycle speedometer for tariff purposes. Further- more, the CC-2000 with its additional sensor and sensor input, additional readout, and different marketing is more distinguish- able from the CC-1000 than the CC-6000 is from the CC-2000. The CC-6000 and the CC-2000 have the same additional components, additional functions and marketing thrust. They appear to be identical in every respect except that the CC-6000 appears to have had a programing change.


For the reasons cited above, it is our opinion that the CC-6000 is not "more than" a bicycle speedometer for tariff purposes. Consequently, it is properly classifiable under the provision for bicycle speedometers in item 711.93, TSUS, and dutiable at the rate of 17 percent ad valorem.

The proposed Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is scheduled to replace the TSUS. The HTSUSA provision applicable to the merchandise is subheading 9029.20.2000 as bicycle speedometers. The rate of duty for this provision is 17 percent ad valorem. This classification represents the current position of the Customs Service regarding the dutiable status of the merchandise under the proposed HTSUSA. If there are any changes before enactment this advice may not continue to be applicable.


John Durant, Director
Commercial Rulings Division

6cc: AD, NY Seaport
1cc: DD Chicago
1cc: John Durant
DCahill:tj:typed 05/31/88