CLA-2-91:OT:RR:NC:N4:414
Mr. Fulton Lee
Kllee Products
5918 Rainbow Drive
San Jose, CA 95129
RE: The tariff classification of mechanical stop watches from China
Dear Mr. Lee:
In your letter dated August 4, 2011, you requested a ruling on tariff classification, status under preferential trade programs or agreements and country of origin marking.
Model number 803 is a mechanical stop watch. The stop watch has a self-winding mechanism with a 13 jewel movement. The case is chromium plated with a start/stop button on the crown and a reset button on the side. The underplating material of the case is brass. The stop watch features 1/10 of a second minute graduation, 30 seconds main dial and 15 minutes sub-dial. The stop watch measures 50 millimeters by 70 millimeters by 16 millimeters in diameter. The stop watch will be imported individually packaged in a cardboard box.
The applicable subheading for the mechanical stop watch, if the movement is valued not over $15 each, will be 9102.99.40, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101: other: with movement valued not over $15 each. The rate of duty will be 92 cents each plus 3 percent ad valorem on the case.
The applicable subheading for the mechanical stop watch, if the movement is valued over $15 each, will be 9102.99.60, HTSUS, which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101: other: with movement valued over $15 each. The rate of duty will be $1.16 each plus 6 percent ad valorem on the case.
You also inquired about the eligibility of the mechanical stop watches under preferential trade programs or agreements. Watches from China are not eligible under preferential trade programs.
We are unable to issue a marking ruling at this time. Please furnish the dimensions of the movement that is encased in the stop watch. We require the thickness and the width, length or diameter of the movement, expressed in millimeters. When this information is available, you may wish to consider resubmission of your request for a marking ruling. Please resubmit your request with a marked sample of the stop watch, if available.
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