CLA-2-:99:S:N:N3G:344 861159

Mr. Eli Gaylor
Oracle Trade International, Inc.
203-122 E. 14th
North Vancouver, British Columbia
Canada V7L 2N3

RE: The tariff classification of a Pill Meter II manufactured in China, exported from Hong Kong.

Dear Mr. Gaylor:

In your letter of February 28, 1991, you asked for a tariff class- ification ruling on a battery-operated pill box timer- clock. The article in question is a pill box dual timer-clock that is used to time medication intervals. As per the brochure submitted with your letter, the model 885 Pill Meter II is a solid-state electronic timer-clock with a liquid crystal display (LCD), in a plastic case. The unit features two count-down timers with two preset memories for timing two different medication intervals: one for pills taken three times a day and one for pills taken four times per day. The pills or tablets are stored in two separate compartments located below the digital display. An alarm sounds at the preset time to remind an individual to take the medication.

The Pill Meter II can also be used as a clock, but its essential character is derived from its dual pill timers.

The classification--9101.91.20--suggested in your letter is inapplicable because it is a subheading for a watch with a case made of precious metal.

The applicable subheading for the Pill Meter II will be 9902.91.06, Harmonized Tariff Schedule of the United States (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% on the apparatus + 5.3% on the battery.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Jean F. Maguire
Area Director
New York Seaport