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NY D82911




October 8, 1998

CLA-2-91:RR:NC:MM:114 D82911

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.11.40

Mrs. Wynn Spurgeon
Trans-World Shipping Service, Inc.
3206 Frenchmens Road
P.O. Box 795
Toledo, Ohio 43697-0795

RE: The tariff classification of Talking Calendar Clock Thermometer from China

Dear Mrs. Spurgeon:

In your letter dated September 18, 1998, on behalf of Mark Feldstein & Associates, you requested a tariff classification ruling.

The submitted item model UT8805N is a combination talking alarm clock, calendar and thermometer. The unit measures approximately 3 1/2 inches in length by 5 7/8 inches in width and is housed in a plastic case with a LCD display. The display measures approximately 1 3/4 inches in length by 2 5/8 inches in width. The display consists of the time, temperature, day, month, year and a monthly calendar. On the right side of the housing are nine buttons for controlling, adjusting and operating the Talking Calendar Clock Thermometer. The item features one daily alarm and three calendar alarms. The daily alarm sets off everyday while the calendar alarm only sets off at the specific time/date. The alarm sounds fifteen popular melodies or rooster crows. On the back of the housing is an opening for changing the batteries. The Talking Calendar Clock Thermometer requires two AA batteries to operate. The batteries are not included.

The clock is a battery operated, digital table/desk alarm clock with a LCD display. The built-in monthly calendar is a two hundred year talking calendar from January 1901 to December 2099. The talking thermometer reports the ambient temperature. The essential character of this composite article is derived from the clock.

The applicable subheading for the Talking Calendar Clock Thermometer will be 9105.11.40, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; alarm clocks; electrically operated; with opto-electronic display only. The rate of duty will be 3.9 percent ad valorem on the movement and case plus 5.3 percent ad valorem on the battery.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kiefer at 212-466-5685.

Sincerely,

Robert B. Swierupski
Director,

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