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March 11, 1999

CLA-2-91:RR:NC:MM:114 D88739

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.11.80; 9105.91.80; 9109.19.40

Ms. Dorothy Trombley
F.W. Myers & Co., Inc.
Myers Building
Rouses Point, New York 12979-1091

RE: The tariff classification of a clock fitup, alarm clock and pendulum clock movement

Dear Ms. Trombley:

In your letter dated February 24, 1999, on behalf of M.S. Original, you requested a tariff classification ruling. The articles consist of a clock fitup, alarm clock and pendulum clock movement. Samples of the articles were submitted with your letter for review.

The submitted clock fitup, Model Number 2003, contains a quartz analog, battery powered clock movement made in China. There are no jewels in the movement. The fitup is assembled with a round dial and hour, minute and second hands. The fitup is enclosed in a plastic case for insertion into a clock case. The rubber ring around the plastic case is to allow a snug fit into whatever item the clock is installed into and to prevent it from falling out.

The clock fitup measures approximately 3 inches in height, 1 inch in width and 3 inches in diameter. The face of the clock features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. On the back of the housing is an opening for changing the battery. The fitup requires one 1.5V battery to operate. The battery is not included.

You have not indicated a model number for the submitted alarm clock. The clock is a battery operated quartz analog alarm clock with snooze and light features. The alarm clock is square and measures approximately 2 inches in height, 2 inches in length and 1 inch in width. The clock measures approximately 2 inches in diameter and is housed in a plastic case. The face of the clock features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. The clock features easy to read luminous hands and a red second hand. On the back of the clock is an opening for changing the battery. The clock requires one 1.5V battery to operate. The battery is not included.

The submitted clock movement with pendulum, Model Number 2003, is a battery operated quartz clock movement made in China. There are no jewels in the movement. The movement is housed in a plastic case. On the back of the housing is an opening for changing the battery. The clock movement requires one 1.5V battery to operate. The battery is not included. We are under the assumption that the furnished movement is not valued over $5 per unit.

The applicable subheading for the clock fitup will be 9105.91.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; other; electrically operated; other. The rate of duty will be 30 cents each plus 6.9 percent ad valorem on the case plus 5.3 percent ad valorem on the battery.

The applicable subheading for the alarm clock will be 9105.11.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; alarm clocks; electrically operated; other. The rate of duty will be 30 cents each plus 6.9 percent ad valorem on the case plus 5.3 percent ad valorem on the battery.

The applicable subheading for the pendulum clock movement will be 9109.19.40, Harmonized Tariff Schedule of the United States (HTS), which provides for clock movements, complete and assembled; electrically operated; other; other; other; valued not over $5 each. The rate of duty will be 12 cents each plus 5.1 percent ad valorem on the movement plus 4.2 percent ad valorem on the battery.

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 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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