The tariff classification of an electric watch rotator from China

N003977 December 21, 2006 CLA-2-85:RR:E:NC:N1:113 CATEGORY: Classification TARIFF NO.: 8509.80.0095 Ms. Dana Antoine Carmichael International Service 533 Glendale Blvd. Los Angeles, CA 90026 RE: The tariff classification of an electric watch rotator from China Dear Ms. Antoine: In your letter dated November 30, 2006, on behalf of Wolf Designs, you requested a tariff classification ruling. The merchandise is item number 453002, an automatic rotator designed to wind a watch that requires movement for power. The rotator is a rectangular, leather-covered, plastic housing that contains a chip, a motor, and circuits. Four buttons and a liquid crystal display on the front are used to program the rotator for constant or timed sequence turning, direction, and start delay. The watch rotator operates on a rechargeable battery or while plugged into an electric adaptor. In your letter, you suggest classification of this product under 8543.89.9795, Harmonized Tariff Schedule, which provides for other electrical machines and apparatus…not specified or included elsewhere in Chapter 85…other, HTS. However, it is our opinion that the watch rotator is more specifically described under heading 8509, HTS, as an electromechanical domestic appliance. The applicable subheading for the electric watch rotator/winder will be 8509.80.0095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor…other appliances, other. The rate of duty will be 4.2 percent ad valorem. 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). Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes was sent to the President for proclamation of the changes. By law, the President cannot proclaim the implementation of these latter amendments in the HTS until a required 60-legislative-day Congressional layover period is completed. We understand that the layover period has been completed. Accordingly, the recommended changes will become law after they are proclaimed by the President. The effective date of those changes will be specified in the Presidential proclamation. In addition, at that time, the United States International Trade Commission will post an updated electronic version of the 2007 HTSUS on its website, www.usitc.gov, and the Government Printing Office will publish a hard-copy version of the 2007 HTS. Once those changes are in effect, it is anticipated that your merchandise will be classified in 8509.80.50, HTSUS. Under the circumstances, this information is advisory only. 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division