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NY I84063





July 23, 2002

CLA-2-91:RR:NC:MM:114 I84063

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.91.80; 7013.99.7000

Ms. Peggy Montonera
Customs and Cost Import Analyst
Sears, Roebuck and Company
3333 Beverly Road, BC-172A
Hoffman Estates, Illinois 60179

RE: The tariff classification of table clock and picture frame from China

Dear Ms. Montonera:

In your letter dated July 8, 2002, you requested a tariff classification ruling on a table clock and picture frame from China. Samples of the clock and picture frame were submitted with the ruling request.

The submitted item number 54879 is identified as the Sunflower Design Clock. The item is described in your letter as a hand made Biltmore stained glass light-up clock. The sample provided is a table clock with a quartz analog battery powered movement. The item measures approximately 9 1/4 inches in height, 5 1/4 inches in length and 4 inches in width. The clock measures approximately 4 inches in diameter and is housed in a glass case with a base made of aluminum. The Sunflower Design Clock is equipped with an electrical cord with a rotary on/off switch. The switch is used to operate the 7-watt candelabra bulb that illuminates the inside of the clock case. You have indicated that the candelabra bulb will be included with the purchase. You have stated that the unit value of each Sunflower Design Clock is $12. The clock is packed for retail sale in a white cardboard box.

The face of the clock features the traditional Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. The clock has a round dial with black hour and minute hands, and a gold tone second hand. There are no jewels in the movement. On the back of the housing is an opening for changing the battery. The Sunflower Design Clock requires one AA battery to operate. The battery is not included.

The submitted item number 71859 is identified as the Sunflower Design Picture Frame. The item is described in your letter as a hand made Biltmore stained glass light-up picture frame. The sample provided is a glass picture frame that measures approximately 8 1/2 inches in height, 6 3/4 inches in length and 2 inches in width. The picture frame is designed to accommodate a photograph that measures approximately 6 inches in height and 4 inches in width. The Sunflower Design Picture Frame is equipped with an electrical cord with a rotary on/off switch. The switch is used to operate the 7-watt candelabra bulb that illuminates the inside of the picture frame. You have indicated that the candelabra bulb will be included with the purchase. You have stated that the unit value of each Sunflower Design Picture Frame is $8. The picture frame is packed for retail sale in a white cardboard box.

Your samples are being returned as requested.

The applicable subheading for the Sunflower Design 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.

The applicable subheading for the Sunflower Design Picture Frame will be 7013.99.7000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...; other glassware; other; other; valued over $3 each; cut or engraved; valued over $5 each. The rate of duty will be 7.2 percent ad valorem.

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 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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