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NY 881007




December 30, 1992

CLA-2-91:S:N:N3:119 881007

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.11.40; 9817.00.96

Mr. Brian Hewitt
Global Assistive Devices
4950 North Dixie Highway, Suite 121
Fort Lauderdale, FL 33334

RE: The tariff classification of Digital Clock/Halogen Reading Lamp (Model ALR2) from Hong Kong

Dear Mr. Hewitt:

In your letter dated November 31, 1992, you requested a tariff classification ruling.

The article to be imported is a combination electronic alarm clock with opto-electronic display and a halogen reading lamp. A telephone can be connected to the unit so that the halogen lamp flashes when the telephone rings. The clock component has a battery back up power system which would allow it to maintain the correct time in the event of a power failure. The 9 Volt battery that the back up system uses is not included. The unit also has an auxiliary jack for a bed shaker that is not included.

The applicable subheading for the ALR2 clock/lamp will be 9105.11.40, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks: alarm clocks: battery or AC powered: with opto-electronic display only. The rate of duty will be 3.9 percent on the movement and case (including the lamp), plus 5.3 percent on the battery.

The ALR2 model clock/lamp under consideration is very similar to your model 5502D clock/lamp that our Headquarters in Washington considered to be specially designed for the hearing impaired (HQ Ruling Letter 087625 of November 1st 1990). Accordingly the ALR2 model clock/lamp will be eligible for a free rate of duty under subheading 9817.00.96, 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. All applicable entry requirements must be met including the filing of U.S. Department Of Commerce form ITA-362P.

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.

The sample you furnished is being returned as requested.

Sincerely,

Jean F. Maguire
Area Director

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