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NY 888442




August 3, 1993

CLA-2-::S:N:N8:344 888442

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.91.40

Ms. Betty Maylor
LEP Profit International
310 McClellan Hwy.
East Boston, MA 02128

RE: The tariff classification of a fruit-powered quartz digital table clock/calendar from Hong Kong.

Dear Ms. Maylor:

In your letter of July 15, 1993, on behalf of Schylling Associates, Inc., Ipswich, Massacusetts, you requested a tariff classification ruling on a fruit-powered quartz digital table clock/calendar.

The submitted sample is a fruit-powered digital table clock/calendar consisting of a metal stand, an opto-electronic quartz clock movement and two jumper cables each with a copper and zinc electrode. The metal stand incorporates a spike onto which a piece of fruit, i.e. apple, pear, peach, orange, plum, etc., is placed. The clock module is then placed onto the tip of the spike, the electrodes which are connected to the clock module, are then inserted into the fruit. The "Time is Ripe Clock" is powered by the flow of electrons between the copper and zinc electrode. The fruit or vegetable provides the acid paste, or electrolyte, through which the current flows. The fruit is not imported with the clock.

The applicable subheading for the fruit-powered opto-electronic table clock/calendar will be 9105.91.40, Harmonized Tariff Schedule of the United States (HTS), which provides for Other clocks: Other: Battery or AC powered: With opto-electronic display only. The rate of duty will be 3.9% on the movement and case (the case includes the metal stand, the jumper cables and the plastic case containing the movement) plus 5.3% on the battery.

Your sample is being returned as requested.

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

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