CLA-2-91:OT:RR:NC:1:114

Mr. John O’Hara
WatchDog Group, LC
7800 Forsyth Blvd.
8th Floor
St. Louis, MO 63105

RE: The tariff classification of timer for contact lenses and for replacement of contact lens cases from China

Dear Mr. O’Hara:

This ruling letter replaces the ruling letter we sent to you on October 30, 2008, under file number N042822. The purpose of this replacement letter is to correct an error involving the statistical suffix (last two digits) of the Harmonized Tariff Number, HTSUS. The HTSUS number indicated for the timer for contact lenses and for replacement of contact lens has now been corrected. A complete corrected ruling follows.

In your letter dated October 27, 2008, you requested a tariff classification ruling.

The timer for contact lenses and for replacement of contact lens cases has a battery-operated electronic movement with a liquid crystal display (LCD). The battery is included. The timer has the words Lens Alert printed on the front. The contact lens wearers use the timer to track the replacement schedule of their contact lenses and their cases. The timer will count down the number of days left to change the contact lenses and the contact lens cases. The Lens Alert has two timer button settings, one for the lenses and one for the lens case. Setting the Lens Alert timer is achieved by pressing each button until the recommended replacement schedule is displayed. The Lens Alert timer then will start counting down the days for the lenses and the case.

The applicable subheading for the Lens Alert contact lenses and contact lens case replacement timer will be 9106.90.55, which provides for time of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movement or with synchronous motor (for example time registers, time-recorders); other; other; apparatus for measuring, recording, or otherwise indicating intervals of time, with clock or watch movements, battery powered; with opto-electronic display only. The rate of duty will be 3.9 percent on the apparatus plus 5.3 percent on the battery.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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