CLA-2-91:OT:RR:NC:N4:414
Category: Classification
Tariff NO.: 9106.90.55
Ms. Lorianne Aldinger
Senior Manager, Import
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105
RE: The tariff classification of the Talking Pill Reminder from China
Dear Ms. Aldinger:
In your letter dated January 16, 2015, you request a tariff classification ruling on the Talking Pill Reminder. A sample was furnished to this office and is being returned to you.
The Talking Pill Reminder, Rite Aid item number 374921, features a timer button, an audio button and an opto-electronic display. It has an adjustable alarm with voice prompt. It can be set at interval times of 2, 4, 6, 8, 12 or 24 hours. At the time set by the user, the timer will beep and the display screen will flash to remind the user to take their medication. The Talking Pill Reminder has a 30 second recording function for recording a personalized message. It requires three AG-13 button cell batteries. The importation will include the Talking Pill Reminder, three AG-13 button cell batteries and three pieces of adhesive tape. After setting the timer and the recording, the Talking Pill Reminder is affixed to the bottom of a standard pill vial bottle.
Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs) taken in order. The Talking Pill Reminder is a combination article consisting of a timer and a recording device. It is the opinion of this office that there is no essential character for this composite article. Accordingly, the Talking Pill Reminder will be classified according to GRI 3 (c) which states “when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.” Applying GRI 3(c), the Talking Pill Reminder is classifiable under heading 9106, HTSUS, since it occurs last in numerical order of the competing headings.
The applicable subheading for the Talking Pill Reminder, item 374921, will be 9106.90.55, HTSUS, 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 ad valorem on the apparatus plus 5.3 percent ad valorem 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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division