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NY K81050




November 21, 2003
CLA-2-90:RR:NC:N1:105 K81050

CATEGORY: CLASSIFICATION

TARIFF NO.: 9025.80.5000

Ms. Barbara J. Riley
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a Tri-Weather Station from China

Dear Ms. Riley:

In your letter dated November 3, 2003, you requested a tariff classification ruling.

The item consists of a clock, a dial thermometer, and a dial barometer; each has a six-inch circular face and its own metal case. The three cases are identical and are all mounted, side-by-side, on an open, rectangular metal frame. The complete item is packaged for retail sale in a single box, which refers to it as a “three piece Weather Station.” It is intended for outdoor use, as in a garden.

Per your letter, the separate cost of the clock (excluding the necessary batteries) and the thermometer is about $7 each; the separate cost of the barometer is about $8. The suggested retail price on the box is $50.

We consider the elements described by HTS heading 9025 to supply the essential character of the set.

The applicable subheading for your sample will be 9025.80.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, combinations of non-“electrical “, non-“recording” thermometers and barometers. The rate of duty will be 1.6 percent ad valorem.

The sample is being returned to you in a separate mailing.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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