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NY F85169




April 19, 2000

CLA-2-91:RR:NC:MM:114 F85169

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.21.80

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of talking wall clock made in China

Dear Ms. Aldinger:

In your letter dated March 23, 2000, you requested a tariff classification ruling on a talking wall clock made in China. A sample of the clock was submitted with the ruling request.

The submitted World Wrestling Federation Talking Wall Clock, item number 994093, is identified as ‘Tude Time, the talking clock with attitude. The sample provided is a wall clock with a quartz analog battery powered movement. The clock movement contains no jewels. The clock is round and measures approximately 12 inches in height, 12 inches in length and 1½ inches in width. The clock measures approximately 10 inches in diameter and is housed in a silver plastic case. On the back of the plastic housing is an opening for changing the batteries. The clock requires three AA batteries for power and sound. The batteries are included. The clock is packed for retail sale in a cardboard box.

The face of the clock features World Wrestling Federation Super Stars around the periphery corresponding to the hours of the day. The clock features twelve phrases from the World Wrestling Federation Super Stars including Stone Cold Steve Austin, The Rock, Undertaker and Sable. A live recording of the World Wrestling Federation Super Star “sounding off” announces each hour. A special light sensor deactivates the sound when the room is dark. The clock has a round dial with yellow hour and minute hands, and a red second hand.

The applicable subheading for the World Wrestling Federation Talking Wall Clock will be 9105.21.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; wall 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.

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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