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NY 894569




February 14, 1994

CLA-2-91:S:N:N8:344 894569

CATEGORY: CLASSIFICATION

TARIFF NO.: 9107.00.8000

Ms. Therese Gentry
WellArt, Inc.
65-67 Columbia Street
Apt. 21G
New York, NY 10002

RE: The tariff classification of a "Smoke and Stop" timer from China.

Dear Ms. Gentry:

In your letter of January 27, 1994, you requested a tariff classification ruling on a "Smoke and Stop" timer.

You have not submitted a sample, however, you have provided descriptive literature. The "Smoke and Stop" is a solid-state electronic timer with a digital, LCD display (opto-electronic display). The timer is in a plastic case which incorporates a storage compartment for cigarettes. The unit features a countdown timer which can be programmed up to ten hours in 15 minute intervals. The case remains locked until the programmed time has expired, at which time a beeper alarm sounds. The purpose of the timer is to aid the smoker in decreasing his/her cigarette consumption by gradually increasing the time between cigarettes.

The unit also features a "Consumed and Stock" program. A panel on the front of the case slides up to indicate on the digital display the number of cigarettes consumed. When the panel is moved down, the digital display indicates the number of cigarettes left in the case. Each case opening will reduce the figure by 1. The figure 20 will automatically reappear when the last cigarette has been used.

The applicable subheading for the "Smoke and Stop" timer will be 9107.00.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Time switches with clock or watch movement or with synchronous motor: Valued over $5 each. The rate of duty will be 45 cents each plus 6.4% and 2.5 cents/jewel. The "Smoke and Stop" timer has no jewels.

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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