NY 855958


Sept. 13, 1990


CLA-2-:91:S:N:N3G:344 855958

Ms. Chris Hayes
Meyer Customs Brokers Inc.
8100 Mitchell Road, Suite 200
Eden Prairie, MN 55344

RE: The tariff classification of pill-box timers from Hong Kong.

Dear Ms. Hayes:

In your letter of August 30, 1990, on behalf of Quanterron, Inc., of Burnsville, Minnesota, you asked for a tariff classification ruling on pill- box timers from Hong Kong. Two samples, Quanterron stock numbers 67385 and 68821, were submitted with your request. Both are solid-state electronic timers with digital LCD displays (opto-electronic displays). Both timers are in plastic cases that have pill storage compartments. The 67385 timer can be programmed for any interval of time between one minute and 15 hours, 59 minutes, and the 68821 timer can be programmed for any time period from one minute to 23 hours, 59 minutes.

Both timers are used as medication reminders. An individual requiring medication will set the timer to the interval--e.g., six hours--at which he or she is to take a pill. The timer counts down from six hours to zero, at which time an electronic beeping alarm sounds to remind the person to take a pill. Both timers can be reset automatically to repeat the timing cycle. Until September 30, 1990, the applicable subheading for the Quanterron 67385 and 68821 pill-box timers will be 9106.90.80, Harmonized Tariff Schedule of the United States (HTS), which provides for time of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movement. The rate of duty will be 45 cents each, plus 7 percent, plus 2 1/2 cents per jewel. [Both timers have solid-state movements with no antifriction jewels].

The Customs and Trade Act of 1990 was enacted on August 20, 1990. One of the changes mandated by this new trade act is an amendment to Subchapter II of chapter 99, concerning timing apparatus with opto-electronic display only. Effective October 1, 1990, the Quanterron 67385 and 68821 timers will be classifiable under subheading 9902.91.06, HTS, which provides for apparatus for measuring, recording or otherwise indicating intervals of time, with watch or clock movements, battery or AC powered and with opto-electronic display only (provided for in subheading 9106.90.80). The rate of duty will be 3.9 percent on the apparatus, plus 5.3 percent on the battery.

The samples are being returned to you. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport