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NY 854540




CLA-2-91:S:N:N3G:344 854540

CATEGORY: CLASSIFICATION

TARIFF NO.: 9107.00.40

Mr. Ted B. Schuler
Proctor-Silex, Inc.
4421 Waterfront Drive
Glen Allen, Virginia 23060

RE: The tariff classification of time switches from France.

Dear Mr. Schuler:

In your letter dated July 13, 1990, you requested a tariff classification ruling on time switches with bells.

Two sample time switches, numbers C-149007 and C-149008, as well as specifications and brochures, were submitted with your letter. Your samples and specifications are being returned to you.

The time switches are used in Proctor-Silex toaster-oven/broiler Model numbers 03015 and 03010. They are valued at $2.72 each. These rotary mechanical time switches have three modes of operation. The first mode is "OFF". The "OFF" mode is fully counterclockwise placing the S.P.S.T. switch in the N.O. position.

The second mode is the manual "ON" position. This mode closes the S.P.S.T. contacts when the shaft is rotated 28 degrees from fully counterclockwise. The switch remains in this state until manually switched to the "OFF" position.

The third mode of operation is the timed "ON" interval. The timed "ON" interval is active from 70 degrees from fully counterclock- wise. When the rotary mechanical time switches are rotated fully clockwise, the "ON" times (the timing ranges) are 5 minutes for the C- 149007 and 3 minutes, 55 seconds for the C-149008. Both will shut off automatically, and at the same time, ring its bell to signal the expiration of the time period.

You have suggested in your letter that these time switches are properly classified in Chapter 85 of the Harmonized Tariff Schedule of the United States Annotated, in subheading 8516.90.20007... appliances of a kind used for domestic purposes... parts: of cooking stoves, ranges and ovens. Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's,), taken in order. GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relevant section and chapter notes.

Further to the above, U.S. Additional Rule of Interpretation 1(c) states: "a provision for parts of an article covers products solely or principally used as a part of such articles but a provision for "parts" or "parts and accessories" shall not prevail over a specific provision for such part or accessory."

Accordingly, because the heading for a time switch is a more specific description than parts of cooking stoves, ranges and ovens, the applicable subheading for the Proctor-Silex time switches, numbers C-149007 and C-149008, will be 9107.00.40, HTS, which provides for time switches with clock or watch movement or with synchronous motor: valued not over $5 each. The rate of duty will be 15 cents each plus 4 percent plus 2.5 cents/jewel. The subject time switches have 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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