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NY 864104

June 25, 1991

CLA-2-:99:S:N:N3G:344 864104


TARIFF NO.: 9902.91.06

Mr. Glen Bolofsky
J. F. Caroll Publishing
77 West 15th Street
New York, N. Y. 10011

RE: The tariff classification of a countdown timer/key ring from Hong Kong.

Dear Mr. Bolofsky:

In your letter of May 23, 1991, you requested a tariff classification ruling on a countdown timer/key ring.

The submitted sample is a countdown timer housed in a plastic case attached to a base metal split ring key holder. The battery operated LCD digital timer is a timing apparatus which can be programmed up to 19 hours, 59 minutes and counts down at one minute resolutions. A beep alarm sounds when the timer has counted down to zero. The timer can be used whenever a reminder is needed, e.g., parking meter use, exercising, etc. The essential character of this article is derived from the countdown timer.

The Customs and Trade Act of 1990 was enacted on August 20, 1990. One of the changes mandated by this new trade act was an amendment to Subchapter II of chapter 99, concerning timing apparatus with opto-electronic display only.

In keeping with the above referenced amendment, effective October 1, 1990, the applicable subheading for the LCD digital countdown timer will be 9902.91.06, Harmonized Tariff Schedule of the United States (HTS), which provides for apparatus for measuring, recording or otherwise indicating intervals of time, with watch or clock movements, battery or AC powered and with opto-electronic display only (provided for in subheading 9106.90.80). The rate of duty will be 3.9 percent on the apparatus, plus 5.3 percent on the battery.

The sample timer/key ring is being returned to you.

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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