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NY L85249

June 16, 2005

CLA-2-91:RR:NC:MM:114 L85249


TARIFF NO.: 9107.00.4080

Ms. Tonja Davenport
Customs Senior Analyst
Dollar General Corporation
100 Mission Ridge
Goodlettsville, TN 37072-2170

RE: The tariff classification of the Time It Outdoor Mechanical Photocell Timer from China

Dear Ms. Davenport:

In your letter dated May 24, 2005, you requested a tariff classification ruling on an Outdoor Mechanical Photocell Timer from China. A sample of the Time It Outdoor Mechanical Photocell Timer was submitted with the ruling request.

The submitted item, SKU number 3-600-1198, is identified as the Time It Outdoor Mechanical Photocell Timer with automatic darkness sensing photocell activation. The timer is housed in a black plastic case with a round plastic selector dial located on the front of the housing. The Outdoor Mechanical Photocell Timer measures approximately 5 inches in height, 3 inches in length and 1½ inches in width. The timer is grounded for use with 3-wire plugs and outlets. The instruction sheet included with the Outdoor Mechanical Photocell Timer directs the user to plug the timer into a grounded outlet. As explained on the instruction sheet, the user must rotate the selector dial to choose the desired function. The functions performed by the Outdoor Mechanical Photocell Timer include power on at dusk/off after one to eight hours, power on at dusk/off at dawn, power on instant and continuous, and power off instant and continuous. The Time It Outdoor Mechanical Photocell Timer is packed in a blister display pack, with a cardboard insert, ready for retail sale.

The applicable subheading for the Time It Outdoor Mechanical Photocell Timer will be 9107.00.4080, Harmonized Tariff Schedule of the United States (HTS), which provides for time switches with clock or watch movement or with synchronous motor; valued not over $5 each; other. The rate of duty will be 15 cents each plus 4 percent ad valorem plus 2.5 cents per jewel.

The sample is being returned as requested.

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 646-733-3019.


Robert B. Swierupski

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