NY 0862148 - The tariff classification of a countdown timer/key ring from Canada. - United States International Trade Commision Rulings

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NY 862148
April 17, 1991

CLA-2-:99:S:N:N3G:344 862148

CATEGORY: CLASSIFICATION

TARIFF NO.: 9902.91.06

Mr. Robert C. Pendock
R. C. Pendock and Associates
205 Fifth Avenue S.W.
P. O. Box 20054
Calgary, Alberta, Canada T2P 4H3

RE: The tariff classification of a countdown timer/key ring from Canada.

Dear Mr. Pendock:

In your letter of April 5, 1991, you requested a tariff classification ruling on a countdown timer/key ring.

The submitted sample, Model PT-88, is a countdown timer housed in a plastic case which incorporates a snap hook. Attached to the snap hook is a base metal split ring key holder. The battery operated LCD digital timer is a timing apparatus which can be programmed up to 15 hours, 59 minutes and counts down at one minute resolutions. A beep alarm sounds ten minutes and five minutes before the programmed time is up and the alarm sounds for 20 seconds when the timer has counted down to zero. The timer can be used whenever a reminder is needed, e.g., parking meter use, exercising, etc. The essential character of this article is derived from the countdown timer.

The Customs and Trade Act of 1990 was enacted on August 20, 1990. One of the changes mandated by this new trade act was an amendment to Subchapter II of chapter 99, concerning timing apparatus with opto-electronic display only.

In keeping with the above referenced amendment, effective October 1, 1990, the applicable subheading for the LCD digital countdown timer will be 9902.91.06, Harmonized Tariff Schedule of the United States (HTS), which provides for apparatus for measuring, recording or otherwise indicating intervals of time, with watch or clock movements, battery or AC powered and with opto-electronic display only (provided for in subheading 9106.90.80). The rate of duty will be 3.9 percent on the apparatus, plus 5.3 percent on the battery.

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

Sincerely,

Jean F. Maguire
Area Director

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