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NY N020765

December 17, 2007

CLA-2-91: RR: NC: 1:114


TARIFF NO.: 9105.21.8000

Mr. Troy D Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of clocks with night lights from China.

Dear Crago:

In your letter dated December 10, 2007, you requested a tariff classification ruling.

Item number A014FA00470 is a combination of a clock with a night light. The clock is a battery operated wall clock. The clock requires one AG13 type battery which is included. The night light is AC operated. The clock and the night light are made of ABS material.

The applicable subheading for the clock night light will be 9105.21.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wall clocks: battery or AC powered: other. The rate of duty will be 30 cents each plus 6.9 percent on the case plus 5.3 percent on the battery.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

For your information, clocks must be marked with the country of origin, in accordance with Section 304 of the Tariff Act of 1930. The country of origin of a clock is the country of origin of the movement of the clock. Clocks must also be marked in accordance with the Special Marking Requirements of chapter 91 of the Harmonized Tariff Schedule of the United States (HTSUS). The Special Marking Requirements for clocks, as stated in Note 4 to chapter 91, HTS, indicate that the clock’s movement must be marked with the name of the country of manufacture, the name of the manufacturer or purchaser, and the number of jewels, if any. The clock case must be marked on the most visible part of the outside of the back to show the name of the country of manufacture. The Special Marking Requirements of chapter 91 must be accomplished by cutting, die-sinking, engraving, stamping or mold-marking (either indented or raised). Marking by means of indelible ink or by a pressure sensitive label is not acceptable for the purposes of the Special Marking Requirements of chapter 91. There are no waivers or exceptions granted for the Special Marking Requirements.

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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