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NY J87538




August 19, 2003

CLA-2-91:RR:NC:MM:114 J87538

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.21.80; 9105.11.40; 9102.12.80; 9102.12.40

Mr. Craig M. Schau
Atty-In-Fact
Corporate Manager – Customs Compliance Services Menlo Worldwide Trade Services
6940 Engle Road - Suite A
Middleburg Heights, OH 44130

RE: The tariff classification of an atomic wall clock, alarm clock and LCD watch

Dear Mr. Schau:

In your letter dated July 16, 2003, on behalf of your client James Direct Incorporated, you requested a tariff classification ruling. Samples of an atomic wall clock, alarm clock and LCD watch were submitted with the ruling request.

You have indicated in your letter that the wall clock, alarm clock and LCD watch are radio controlled. Each submitted item is operated by a radio signal continuously being transmitted from the United States Official FI Atomic Clock at Fort Collins in Colorado, which broadcasts accurate time. The National Institute of Standards and Technology operates a national radio station that transmits time codes from the Official F-1 Atomic Clock.

Each atomic clock and watch has a built-in receiver that picks up the signal and sets itself to the correct time. When the time changes, the clocks and watches will automatically change according to the signal they receive from the Official F-1 Atomic Clock. This signal also sets the correct month, day and date. Each of these clocks and watches contain a concealed antenna and receiver that are tuned to receive and decode the signal from the Official FI Atomic Clock. Once a year at daylight savings time, and once at standard time, the radio signal directs the clocks and watches to automatically fall back or spring ahead for precise time adjustment.

The wall clock for which you are requesting a classification is identified in your letter as the Atomic Radio Controlled Wall Clock. The submitted sample is an analog wall clock with a quartz battery powered movement. 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 white dial with black hour, minute and second hands. The clock contains an antenna and receiver that are completely concealed inside the case of the clock. Winding and/or manual time setting is not required because the Radio Controlled Wall Clock has an automatic time and date receiving function. The clock requires one AA (1.5V) battery to operate. The battery is not included. You have stated in your letter that the manufacturer and country of manufacture of the Atomic Radio Controlled Wall Clock is presently being determined. Each clock will be packed into a bubble bag with an English instruction sheet and then into a cardboard box ready for retail sale.

The alarm clock for which you are requesting a classification is identified in your letter as the Atomic Travel Clock, model number C-843. The submitted sample is a travel alarm clock that contains a battery operated electronic movement with a liquid crystal display (LCD). The travel alarm clock measures approximately 4 inches in length by 3 inches in width and is housed in a rectangular shaped silver plastic case. The clock contains an antenna and receiver that are completely concealed inside the case of the clock. The LCD display measures approximately 1 inch in length by 2 inches in width and features the hour, minutes, seconds, day of the week, date and year. Four function keys that are labeled “Mode”, “Set”, “Adjust”, and “Receive” are located on the front of the case beneath the LCD display. The clock requires one AA (1.5V) battery to operate. The battery is not included. You have stated in your letter that the Atomic Travel Alarm Clock is manufactured in China. Each clock will be packed into a bubble bag with an English instruction sheet and then into a cardboard box ready for retail sale.

The LCD Watch for which you are requesting a classification is identified in your letter as the Atomic Radio Controlled Wrist Watch. The submitted sample is a wrist watch containing a battery operated electronic watch movement with a liquid crystal display (LCD) in a round case. The watch has a rubber strap with a buffed metal buckle. The LCD display features the hour, minutes, seconds, month, date and day. The watch also features an alarm function, stopwatch, E. L. backlight, 12/24 hour format, calendar range from 1-1-2000 to 31-12-2049, and the day of the week is calculated automatically after the setting. There are two function keys on each side of the watch face. When purchased, the watch contains a Lithium battery. You have stated in your letter that the Atomic Radio Controlled Wrist Watch is manufactured in China. Each watch will be packed into a bubble bag with an English instruction sheet and then into a cardboard box ready for retail sale.

Your samples are being returned as requested.

The applicable subheading for the atomic wall clock will be 9105.21.80, Harmonized Tariff Schedule of the United States (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.

The applicable subheading for the atomic alarm clock will be 9105.11.40, 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.

The applicable subheading for the atomic LCD wrist watch will be 9102.12.80, HTS, which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; wrist watches, electrically operated, whether or not incorporating a stop watch facility; with opto-electronic display only; other. The rate of duty will be free.

The applicable subheading for the rubber watch band will be 9102.12.40, HTS, which provides for straps, bands or bracelets entered with watches of subheading 9102.12.80 and classifiable therewith pursuant to additional U.S. note 2 to this chapter; all the foregoing whether or not attached to such watches at the time of entry; other. 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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