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NY H84773





August 3, 2001

CLA-2-85:RR:NC:1:108 H84773

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.32.1010

Ms. Carol Ritchings
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of clock radio from China.

Dear Ms. Ritchings:

In your letter dated August 1, 2001 you requested a tariff classification ruling.

The item in question is an AM/FM clock radio denoted as the Compact Clock Radio and is valued under $40.00. It features both the AM and FM radio receiver, a digital clock, an alarm, controls to set the time, a snooze control, a volume control and an on off switch. It has an AC power cord which powers the AM/FM clock radio. Although the item has a compartment for a 9-voly battery, it is clearly specified, on the packaging that the non-included battery only serves as a back up for the clock in case of a power outage. It should be noted that this office conducted a demonstration of the item using only a 9-voly battery. Neither the radio nor the clock operated solely on battery power. The AM/FM clock radio could not function without the use of the AC power cord plugged into an outside power source. It is concluded that the AM/FM clock radio is not capable of operating without an external source of power.

The applicable subheading for the AM/FM Compact Clock Radio will be 8527.32.10.10, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other radiobroadcast receivers, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Not combined with sound recording or reproducing apparatus but combined with a clock: Valued not over $40 each Incorporating a digital clock or clock timer. The rate of duty will be free.

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 Michael Contino at 212-637-7039.

Sincerely,

Robert B. Swierupski
Director,

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