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March 8, 1999

CLA-2-91:RR:NC:MM:114 D88820

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.91.80

Ms. Elizabeth Douglass
Sourcing Horizons Corp.
8 Valmont Way
Summit, NJ 07901

RE: The tariff classification of clock/lamps from Taiwan

Dear Ms. Douglass:

In your letter dated March 2, 1999 you requested a tariff classification ruling on two clock/lamps.

Article LC-3 is a clock and a lamp combination article. The second article, also designated as model LC-3, is a clock and night light combination article. Both are primarily made of ethylene vinyl acetate (EVA) foam, and are designed to plug into an electrical outlet.

The applicable subheading for model LC-3, clock/lamp and model LC-3 clock/night light will be 9105.91.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; other; electrically operated; other. The rate of duty for subheading 9105.91.80 will be 30 each plus 6.9 percent on the case plus 5.3 percent on the battery. Batteries will not be imported with the clock.

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

For your information, clocks must be marked with the country of origin, in accordance with Section 304 of the Tariff Act of 1930. The country of origin of a clock is the country of origin of the movement of the clock. Clocks must also be marked in accordance with the Special Marking Requirements of chapter 91 of the Harmonized Tariff Schedule of the United States (HTS). The Special Marking Requirements for clocks, as stated in Note 4 to chapter 91, HTS, indicate that the clock’s movement must be marked with the name of the country of manufacture, the name of the manufacturer or purchaser, and the number of jewels, if any. The clock case, which is the EVA foam design, must be marked on the most visible part of the outside of the back to show the name of the country of manufacture. The Special Marking Requirements of chapter 91 must be accomplished by cutting, die-sinking, engraving, stamping or mold-marking (either indented or raised). Marking by means of indelible ink or by a pressure sensitive label is not acceptable for the purposes of the Special Marking Requirements of chapter 91. There are no waivers or exceptions granted for the Special Marking Requirements.

The samples which you submitted are not properly marked. If you require a ruling on the marking of the LC-3 clock/lamp and the LC-3 clock/night light, please submit a request in writing and furnish samples of the items as they 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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