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May 6, 1999

CLA-2-91:RR:NC:MM:114 E81422

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.91.40; 9106.90.55

Mr. Kevin Egan
E. Besler & Company
P.O. Box 66361
Chicago, Illinois 60666-0361

RE: The tariff classification of a digital combination thermometer, humidity gauge and clock, and digital combination thermometer and timer made in China

Dear Mr. Egan:

In your letter dated March 2, 1999, on behalf of Chaney Instrument Co., you requested a tariff classification ruling. The articles consist of a digital combination thermometer, humidity gauge and clock, and digital combination thermometer and timer made in China. Samples of the articles were submitted with the ruling request.

The submitted ACU>RITE digital combination thermometer, humidity gauge and clock item number 00887 measures indoor and outdoor temperature, humidity and time. The article measures approximately 4 1/2 inches in length by 2 1/2 inches in width and is housed in a plastic case with a LCD display. The digital combination thermometer, humidity gauge and clock features a time display or indoor temperature display, outdoor temperature display, relative humidity display, temperature/clock button, relative humidity min/max memory button, indoor temperature sensor and humidity sensor, temperature min/max button, clear button and 10 foot weather-proof sensor wire. The article has a minus 58 degrees Fahrenheit to 158 degrees Fahrenheit temperature range and a folding stand or wall mount. On the back of the housing is an opening for changing the battery. The digital combination thermometer, humidity gauge and clock requires one AAA battery to operate. The battery is included. The article is contained in a blister display package.

The submitted ACU>RITE digital combination thermometer and timer item number 00646 measures approximately 3 1/2 inches in length by 2 1/2 inches in width and is housed in a plastic case with a LCD display. The digital combination cooking thermometer and timer features an instant digital readout of inner food temperature during cooking, 24 hour count-down timer with alarm, automatic alarm sound when food is done, pre-settable alarm temperature range from 32 degrees Fahrenheit (0 degrees Celsius) to 392 degrees Fahrenheit (200 degrees Celsius), heat resistant stainless steel probe and wire, double magnet for metal surface attachment and Fahrenheit/Celsius switchable. The article is for use in ovens, deep fryers, barbecue grills and smokers. A three foot metal wire and one AAA battery are included. The article is contained in a blister display package.

Classification of merchandise under the Harmonized Tariff Schedule of the United States is governed by the General Rules of Interpretation (GRIs) taken in order. The digital combination thermometer, humidity gauge and clock item number 00887 is a composite article that is classifiable under more than one heading, each equally specific. It is the opinion of this office that there is no essential character for this composite article. Accordingly, the digital combination thermometer, humidity gauge and clock will be classified according to General Rule of Interpretation 3(c) which states “when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration”. Applying GRI 3(c), the merchandise is classifiable under heading 9105 since it occurs last in numerical order of the three competing headings.

The digital combination thermometer and timer item number 00646 is a composite article that is classifiable under more than one heading, each equally specific. It is the opinion of this office that there is no essential character for this composite article. Accordingly, the digital combination thermometer and timer will be classified according to General Rule of Interpretation 3(c) which states “when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration”. Applying GRI 3(c), the merchandise is classifiable under heading 9106 since it occurs last in numerical order of the two competing headings.

The applicable subheading for the digital combination thermometer, humidity gauge and clock item number 00887 will be 9105.91.40, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other clocks; other; 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.

The applicable subheading for the digital combination thermometer and timer item number 00646 will be 9106.90.55, Harmonized Tariff Schedule of the United States (HTSUS), which provides for time of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movement or with synchronous motor (for example, time registers, time?recorders); other; other; apparatus for measuring, recording, or otherwise indicating intervals of time, with clock or watch movements, battery powered; with opto?electronic display only. The rate of duty will be 3.9% ad valorem on the apparatus plus 5.3% on the battery.

Your samples are being returned as requested.

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 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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