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February 29, 1999

CLA-2-91:RR:NC:MM:114 D86839

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.21.80

Ms. Megan M. Callahan
Stonestreet Marketing Services, Inc.
342 W. Riverside Drive
P.O. Box 1567
Estes Park, Colorado 80517

RE: The tariff classification of Neon Wall Clocks from China

Dear Ms. Callahan:

In your letter dated January 15, 1999, you requested a tariff classification ruling on a Neon Wall Clock. A sample of the clock was furnished with the ruling request.

The submitted item number 98518-1B is a wall clock with a quartz analog battery powered movement. The clock movement contains no jewels. The clock is round and measures approximately 15 inches in height, 15 inches in length and 2 1/2 inches in width. The clock measures approximately 6 inches in diameter and is housed in a plastic case. On the back of the housing is an opening for changing the battery. The clock requires one AA size 1.5 V battery to operate. The battery is included.

The face of the clock features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. The face of the clock has a picture of a horse’s head beneath the number 12. The words “KILLIAN’S”, “IRISH RED” and “Since 1864" are printed below the picture of the horse’s head. The clock has a round dial with black hour and minute hands, and a red second hand. The clock features a red neon light around the periphery of the face of the clock. The transformer supplied with the clock powers the neon light. The neon light has an on/off switch.

The clock is packed for retail sale in a cardboard box with a battery and transformer. The essential character of the set is derived from the clock.

Your sample is being returned as requested.

The applicable subheading for the Neon Wall Clock will be 9105.21.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; wall clocks; electrically operated; other. The rate of duty will be 30 cents each plus 6.9 percent ad valorem on the 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).

For your information, we note that the submitted sample is not legally marked. If you require a ruling on the country of origin marking of the clock, please submit a letter requesting a ruling on marking and a sample which is marked as it will be marked at the time of importation.

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 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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