The tariff classification of the EatMeter timer from China

N123236 September 29, 2010 CLA-2-91:OT:RR:NC:N4:414 CATEGORY: Classification TARIFF NO.: 9106. 90.5500 Ms. Lyn Antunes Norman Krieger, Inc. 921 West Artesia Blvd Rancho Dominguez, CA 90220 RE: The tariff classification of the EatMeter timer from China Dear Ms. Antunes: In your letter dated September 7, 2010, you requested a tariff classification ruling, on behalf of James Stanfield Publishing Company, Inc. A sample of the EatMeter timer was submitted with your ruling request. The device, which is referred to as EaterMeter, is a battery operated pocket-sized timer. The EaterMeter requires three AAA batteries to operate. The EatMeter has an opto-electronic screen with three buttons. The MODE button is used to set the eating time, the PAUSE button is used to begin or end the eating time, and the SET button used to set the meal time. The EatMeter is designed to help retrain the way the user eats. It operates on a timed schedule that will let the user know when to take the next bite. It features several pre-existing patterns programmed into the EatMeter, as well as a custom option for convenience. The EatMeter is designed to monitor and slow down the rate of food consumption and the eating pace. By pressing the PAUSE button, a green light turns on, which indicates the beginning of eating time. An hourglass counter will be displayed once when the EatMeter starts to count down the time. This is referred to as the pace time which counts down from 10 seconds to zero or 20 seconds to zero, etc. The EaterMeter also displays a running meal time counter to help the user monitor the overall meal period, which counts up the total time of the meal. The EatMeter turns itself off after twenty minutes of nonuse. The applicable subheading for the EaterMeter will be 9106.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for time of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movement...: other: other: ...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