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June 16, 1999

CLA-2-85:RR:NC:1:108 E83282


TARIFF NO.: 8527.32.1010

Mr. Juan Dominguez
Wal-Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of an AM/FM clock radio from China.

Dear Mr. Dominguez:

In your letter dated May 3, 1999 and received in this office on June 14, 1999 you requested a tariff classification ruling.

The item in question, sample provided, is denoted as the Lenox Sound Jumbo Display AM/FM Clock Radio, model number CR-773. The item is valued at $9.85 and is designed to be used in the home.

The features include a digital clock with an alarm and the necessary controls for setting both the time and alarm. A functional AM/FM radio with tuning and volume controls. An AC power cord powers the AM/FM clock radio. Although the item has a compartment for a 9-volt battery, it is clearly specified in the operating instructions and also on the compartment lid that the battery is optional, not included and only serves as a back up for the clock in case of a power outage. It should be noted that this office conducted a demonstration of the item using a 9-volt battery. The radio did not and could not function without the use of the AC power cord plugged into an outside power source. It is concluded that the AM/FM clock radio is not capable of operating without an external source of power.

The applicable subheading for the Lenox Sound Jumbo Display AM/FM Clock Radio, model number CR-773 will be 8527.32.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other radiobroadcast receivers, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Not combined with sound recording or reproducing apparatus but combined with a clock: Valued not over $40 each Incorporating a digital clock or clock timer. The rate of duty will be free.

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 Michael Contino at 212-637-7039.


Robert B. Swierupski

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