HQ 081571: Tariff Classification of the Cateye Model CC-6000 Cyclocomputer

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 081571

                                    July 20, 1988


          CLA-2 CO:R:C:G 081571 DC

          CATEGORY: Classification

          TARIFF NO.: 711.93; 9029.20.2000

          Seymour Rothstein, Esq.
          Allegretti, Newitt, Witcoff & McAndrews, Ltd.
          121 South Wacker Drive
          Chicago, Illinois 60606

          RE: Tariff Classification of the Cateye Model CC-6000
              Cyclocomputer

          Dear Mr. Rothstein:

               In your letters dated June 30, 1987, and January 5, 1988,
          you inquired as to the tariff classification of the Cateye Model
          CC-6000 cyclocomputer manufactured in Japan.

          FACTS:

               The Cateye Model CC-6000 measures 2-3/16 inches by 1-13/16
          inches by 3/4 inch and weighs 1.34 ounces.  It is powered by a
          lithium battery and provides a digital readout of the following
          functions:

                     1. current speed
                     2. cadence range
                     3. maximum speed
                     4. odometer
                     5. trip distance
                     6. average speed
                     7. elapsed time

               You maintain that the Cateye Model CC-6000 bicycle
          cyclocomputer is more than a speedometer, thus mandating its
          classification under item 711.98, Tariff Schedules of the United
          States (TSUS), as other revolution counters, production counters,
          taximeters, odometers, pedometers, counters similar to the
          foregoing articles, speedometers and tachometers.

               The rationale for your position is that the CC-6000 differs
          from the CC-2000, which was held to be not more than a speedo-
          meter, because the speed and cadence functions in the CC-6000 are














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          co-equal.  With respect to the CC-6000, the cadence function is
          not subordinate to the speed function.  Both functions cannot be
          displayed at the same time on the CC-6000 as is the case with the
          CC-2000.  Also, the CC-6000 does not display current speed
          permanently as does the CC-2000.

          ISSUE:

               Is the CC-6000 "more than" a speedometer for tariff
          purposes?

          LAW AND ANALYSIS:

               The fact that the CC-6000 does not display current speed
          permanently is not sufficient to conclude that the CC-6000 is
          "more than" a bicycle speedometer for tariff purposes.  Further-
          more, the CC-2000 with its additional sensor and sensor input,
          additional readout, and different marketing is more distinguish-
          able from the CC-1000 than the CC-6000 is from the CC-2000.  The
          CC-6000 and the CC-2000 have the same additional components,
          additional functions and marketing thrust.  They appear to be
          identical in every respect except that the CC-6000 appears to
          have had a programing change.

          HOLDING:

               For the reasons cited above, it is our opinion that the
          CC-6000 is not "more than" a bicycle speedometer for tariff
          purposes.  Consequently, it is properly classifiable under the
          provision for bicycle speedometers in item 711.93, TSUS, and
          dutiable at the rate of 17 percent ad valorem.

               The proposed Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA) is scheduled to replace the TSUS.  The HTSUSA
          provision applicable to the merchandise is subheading
          9029.20.2000 as bicycle speedometers.  The rate of duty for this
          provision is 17 percent ad valorem.  This classification
          represents the current position of the Customs Service regarding
          the dutiable status of the merchandise under the proposed HTSUSA.
          If there are any changes before enactment this advice may not
          continue to be applicable.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division












          6cc: AD, NY Seaport
          1cc: DD Chicago
          1cc: John Durant
          DCahill:tj:typed 05/31/88