NY E82174 - The tariff classification of Porcelain Mini-Clocks from China - United States International Trade Commision Rulings

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June 3, 1999

CLA-2-91:RR:NC:MM:114 E82174

CATEGORY: CLASSIFICATION

TARIFF NO.:9103.10.40

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

RE: The tariff classification of Porcelain Mini-Clocks from China

Dear Mr. Lynch:

In your letter dated May 19, 1999, on behalf of Bradlees Inc., you requested a tariff classification ruling.

The floral basket mini-clock is designated as item number 1400762. It is a porcelain ceramic article in the shape of a floral basket. A mini-clock is inserted in the basket portion of the article. The mini-clock is battery operated and contains a watch movement, which you state has no jewels. The sample of the item is being returned to you as requested.

The applicable subheading for the porcelain ceramic floral basket with mini-clock will be 9103.10.40, Harmonized Tariff Schedule of the United States (HTS), which provides for clocks with watch movements, excluding clocks of heading 9104; electrically operated; other; having no jewels or only one jewel in the movement. The rate of duty will be 24 cents each plus 4.5 percent on the case plus 3.5 per cent on the battery.

You inquire as to whether the special marking requirements of Additional U.S. Note 4 of Chapter 91 of the Harmonized Tariff Schedule of the United States applies to the floral basket mini-clock. With the exception of movements with opto-electronic displays only and cases designed for use therewith, any movement or case provided for in Chapter 91, whether imported separately or attached to an article provided for in the chapter, is subject to the special marking requirements of Chapter 91, Harmonized Tariff Schedule of the United States. Accordingly, the floral basket mini-clock must be marked in accordance with the special marking requirements of Chapter 91, HTS, as well as in accordance with the Section 304, Tariff Act of 1930, country of origin marking requirements.

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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See also:

Tariff No.: 9103.10.40 - Clocks with watch movements, excluding clocks of heading 9104, electrically operated, with 0-1 jewel in the movement