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NY J86924




August 26, 2003

CLA-2-91:RR:NC:MM:114 J86924

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.21.80

Mr. Jerry T. Ficke
Associated Premium Corporation
1870 Summit Road
Cincinnati, OH 45237

RE: The tariff classification of wall clock from Thailand

Dear Mr. Ficke:

In your letter dated July 23, 2003, you requested a tariff classification ruling on a wall clock from Thailand. A sample of the wall clock was submitted with the ruling request.

The sample for which you are requesting a classification is an analog wall clock with a quartz battery powered movement. There is no item number stated in your request. There are no jewels in the movement. The clock is housed in a round plastic case and has a round dial with black hour and minute hands, and a red second hand. The clock has a silver colored frame. The face of the clock features the traditional Arabic numerals 1 through 12 around the periphery corresponding to the hours of the day. The face of the clock features a depiction of jockeys racing their horses at Saratoga Racetrack. The name “Saratoga” is printed in the upper portion of the face of the clock. The words “America’s Racetrack” are printed directly below the name “Saratoga”. You have indicated in your letter that the intended use for the wall clock is as a giveaway at sporting events.

The wall clock measures approximately 11¼ inches in height, 11¼ inches in length and 1½ inches in width. The clock measures approximately 9½ inches in diameter. On the back of the plastic housing is an opening for changing the battery. The clock requires one AA battery to operate. The battery is included. The clock is packaged in a cardboard box ready for retail sale.

You have suggested classification for the wall clock under 9105.29.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks; wall clocks; other than electrically operated. We disagree with your proposed classification because the submitted quartz battery powered wall clock is electrically operated.

The applicable subheading for the wall clock will be 9105.21.80, HTS, which provides for other clocks; wall clocks; 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.

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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