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NY 853939

June 29, 1990



TARIFF NO.: 9105.11.40

Mr. Brian Hewitt
Global Assistive Devices, Inc.
3511 West Commercial Boulevard, Suite 219 Fort Lauderdale, Florida 33309

RE: The tariff classification of an alarm clock/lamp from Hong Kong.

Dear Mr. Hewitt:

In your letter of June 12, 1990, you requested a tariff classification ruling on a model 5502D alarm clock/lamp manufactured by Cosmo Electronics.

Literature sent with your letter depicts a solid-state electronic alarm clock with a halogen table/reading lamp. The clock has a Light Emitting Diode (LED) display. In the event of a power failure a battery back-up preserves the clock memory, enabling the clock to continue to tell time. The clock has a snooze, repeat alarm feature and an individual can wake to an audible alarm and flashing light combination.

An option for the 5502D is called the "L'il Ben Plus" bed shaker, described as the "perfect accessory for the heavy sleeper." The bed shaker is a specially designed vibrator with a low voltage mini-plug to jack directly into the back of the alarm clock/lamp. At alarm-set time, the bed shaker is intended to rouse the sleeping individual.

The 5502D clock/lamp is a composite article. Its essential character is derived from the alarm clock. Without the optional vibrator-bed shaker, the article cannot possibly be categorized as an article for hearing impaired individuals. When equipped with the bed shaker--"the perfect accessory for the heavy sleeper"--the article still is an alarm clock that may be used by the general public.

The applicable subheading for the 5502D clock/lamp, with or without optional bed shaker, will be 9105.11.40, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks: alarm clocks: battery or AC powered: with opto- electronic display only. The rate of duty will be 3.9% on the movement and case (including the lamp), plus 5.3 percent on the battery.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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