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NY E88723





October 26, 1999

CLA-2-90:RR:NC:MM:114 E88723

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.91.80

Ms. Ruby L. Wood
Hobby Lobby Stores, Inc.
Evans and Wood & Co., Inc.
P.O. Box 610005
DFW Airport, TX 75261

RE: The tariff classification of a picture frame/clock from China

Dear Ms. Wood:

In your letter dated October 1, 1999 you requested a tariff classification ruling.

The picture frame/clock is composed of metal and plastic, with glass panels. No model number for the item was indicated in your letter. The overall dimensions of the picture frame/clock are approximately 11 ¼ inches wide by 7 ½ inches high. It is designed to be placed on a table or desk.

The item consists of a frame for a 5 x 7-inch photograph on the left side, and a clock, 5 x 7 inches in size, on the right side. The photographic frame and the clock are connected by two hinges. The clock has a quartz movement, is battery operated and contains no (0) jewels in the movement. According to your letter, the battery will not be included in the shipment.

Classification under the Harmonized Tariff Schedule is governed by the General Rules of Interpretation (GRIs) taken in order. The picture frame/clock is considered a composite good classifiable in more than one heading. There is no essential character for the picture frame/clock because both subheadings are equally specific. Therefore, the item will classified in accordance with GRI 3c in the subheading which occurs last in numerical order of the two competing subheadings. The picture frame/clock is classifiable in heading 9105, HTS, the last subheading in numerical order which is applicable to this item.

The applicable subheading for the picture frame/clock 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 will be 30 cents each plus 6.9 percent ad valorem on the case plus 5.3 percent ad valorem on the battery.

You have also requested a ruling on the marking of the picture frame/clock.. Clocks are required to be marked in accordance with the marking requirements of Section 304, Tariff Act of 1930, as amended (19 USC 1304), and the special marking requirements for watches and clocks. The special marking requirements are contained in Additional U.S. Note 4 to chapter 91, HTS.

For the purposes of Section 304, Tariff Act of 1930, the item should be marked “Made in China”, “Product of China”, or with similar words, on the dial or on the back, in a conspicuous, legible manner. For the purposes of the special marking requirements of Additional U.S. Note 4 of chapter 91, HTS, the clock 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, on the most visible part of the front or back plate. Also, the clock case must be marked on the most visible part of the outside of the back to show the name of the country of manufacture. Additional U.S. Note 4 requires that the clock movement and case will be marked as specified, by cutting, die-sinking, engraving, stamping (including by means of indelible ink), or mold-marking either (indented or raised ).

The picture frame/clock is marked with the words “Made in China” on the back of the picture frame, which meets the requirements of Section 304, Tariff Act of 1930. The movement of the clock is properly marked for the purposes of the special marking requirements of chapter 91. The case of the clock, however, is not properly marked for the purposes of the special marking requirements of chapter 91. The back of the picture frame portion of the item, which is made of cardboard covered with a flocked material, is hot-stamped with the words “Made in China” on the lower portion. The hot-stamping on the flocked material is not indelible ink stamping, as required by Additional U.S. Note 4 of Chapter 91, HTS. Also, the clock is not marked on the back of the case, as required. Rather, it is marked on the back of the picture frame portion of the composite good. Because hot-stamping is not one of the required methods of marking watches and clocks, and because the clock is not marked on the back of the case, the clock is not properly marked for the purposes of the special marking requirements of chapter 91.

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 classification ruling, contact National Import Specialist Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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