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NY 861274

March 19, 1991

CLA-2-:98:S:N:N3G:344 861274

CATEGORY: CLASSIFICATION

TARIFF NO.: 9817.00.96

Ms. Kathi Ross
Shake Awake
9230 Olympic Boulevard, Suite 203
Beverly Hills, CA 90212

RE: The tariff classification of a "Shake Awake" alarm clock from China.

Dear Ms. Ross:

In your letter of March 4, 1991, you asked for a tariff classification ruling on a Shake Awake vibrating-alarm clock.

The Shake Awake clock is an alarm clock designed for deaf and hearing impaired individuals. The clock consists of a battery-operated solid state movement with a digital LCD display, in a compact plastic case that measures 3" x 2 1/2" x 1 1/8." Shake Awake can be used as a conventional alarm clock by anyone; it is marketed, however, through national deaf associations and distributors of assistive devices for the deaf and hearing impaired.

The clock contains a motor that vibrates at the pre-set alarm time. The clock is used under a pillow and at alarm time it emits pulsating vibrations that wake a deaf or hearing impaired person.

U.S note 4(a), Chapter 98, Subchapter XVII, states: "For purposes of subheadings 9817.00.92, 9817.00.94 and 9817.00.96, the term "blind or other physically or mentally handicapped persons" includes any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.

The Shake Awake alarm clock, specifically designed for use by people with chronic or permanent impairment of their hearing is classifiable under subheading 9817.00.96, Harmonized Tariff Schedule of the United States (HTS), which provides for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons: other. The rate of duty will be free.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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