United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY F81741 - NY F81844 > NY F81741

Previous Ruling Next Ruling
NY F81741




January 26, 2000

CLA-2-91:RR:NC:MM:114 F81741

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.11.40

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
Counselors At Law
One Astor Plaza
1515 Broadway
New York, New York 10036-8901

RE: The tariff classification of digital combination thermometer and alarm clock

Dear Mr. Epstein:

In your letter dated January 6, 2000, on behalf of Avon Products, Inc., you requested a tariff classification ruling on a digital combination thermometer and alarm clock. You have stated that Avon Products, Inc. contemplates importing the articles from China. A sample of the digital combination thermometer and alarm clock was submitted with the ruling request.

The submitted item number PP 201008 is identified as a Talking Thermometer with Real Time Clock and Simple Alarm and Snooze Function. The submitted sample is a battery operated, digital combination thermometer and alarm clock. The article measures approximately 5 inches in length by 3½ inches in width and is housed in a rectangular shaped silver plastic case with a LCD display. The display features the hour, minute and temperature in either Fahrenheit or Celsius. The LCD display measures approximately 1½ inches in length by 1¾ inches in width. On the front of the housing are three function keys which are for real time clock setting, alarm function setting, reading indoor and outdoor temperature, reading maximum and minimum value of indoor and outdoor temperature, and high/low temperature alarm setting. On the bottom of the housing is an opening for changing the batteries. The digital combination thermometer and alarm clock requires two AA batteries to operate. The batteries are not included. The submitted item is packed in a cardboard box ready for retail sale.

The Talking Thermometer can measure indoor and outdoor temperature and record the maximum and minimum temperature being measured by utilizing a plug-in extension wire with attached temperature sensor. The article also features a high and low temperature alarm and sounds an alarm when a certain outdoor preset temperature (high and low) is reached. The submitted item number PP 201008 has a real time clock with alarm and snooze function. Talking temperature and clock is enabled at any time by pressing a button located on top of the plastic housing. Automatic talking per hour is also enabled when hourly chime function is preset.

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 and alarm clock 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 alarm 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 two competing headings.

The applicable subheading for the digital combination thermometer and alarm clock will be 9105.11.40, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; alarm clocks; 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.

Your sample is 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,

Previous Ruling Next Ruling

See also: