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NY K81159





December 4, 2003
CLA-2-90:RR:NC:MM:114 K81159

CATEGORY: CLASSIFICATION

TARIFF NO.: 9107.00.4080, 9107.00.8000

Mr. Gordon C. Anderson
8967 Columbine Road
Suite 400
Eden Prairie, MN 55347-4194

RE: The tariff classification of eight-outlet power strip timer from China

Dear Mr. Anderson:

In your letter dated November 7, 2003, on behalf of Power Sentry Inc., you requested a tariff classification ruling.

The eight-outlet power strip timer, model number 283, is a combination article consisting of eight outlets and a 24 hour mechanical timer that controls four of the eight outlets. The device has a 125 volt electrical rating, a master on/off switch, and a 3 foot insulated electrical cord with ground plug. The device is designed for indoor use.

You have suggested classification for the eight-outlet power strip timer under 8544.51.9000, HTS, which provides for insulated wire, cable and other insulated electric conductors, whether or not fitted with connectors.

The eight-outlet power strip timer is a composite good consisting of a switch/power strip and a 24 hour mechanical timer. As the good is classifiable in more than one heading, it is necessary to resort to General Rule of Interpretation (GRI) 3. Since an essential character cannot be determined, the eight-outlet power strip timer is classified under the heading which occurs last in numerical order among those which equally merit consideration, in accordance with GRI 3 c. The eight outlet power strip timer is classifiable in heading 9107 which provides for timers.

The applicable subheading for the eight-outlet power strip timer, if valued not over $5 each will be 9107.00.4080, Harmonized Tariff Schedule of the United States (HTS), which provides for time switches with clock or watch movement or with synchronous motor, valued not over $5 each. The rate of duty will be 15 cents each plus 4 percent ad valorem plus 2.5 cents per jewel.

The applicable subheading for the eight-outlet power strip timer if valued over $5 each will be 9107.00.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for time switches with clock or watch movement or with synchronous motor, valued over $5 each. The rate of duty will be 45 cents each plus 6.4 percent ad valorem plus 2.5 cents per jewel.

The sample is being returned as requested.

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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