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NY K82660




February 19, 2004
CLA-2-91:RR:NC:MM:114 K82660

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.21.80

Ms. Lorianne Aldinger
Import Manager
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of wall clocks from China

Dear Ms. Aldinger:

In your letter dated January 23, 2004, you requested a tariff classification ruling on wall clocks from China. A sample of the wall clock was submitted with the ruling request.

The sample for which you are requesting a classification, item number 935547, is identified as the Neon Wall Clock With Translucent Frame. The Neon Wall Clock With Translucent Frame is an analog wall clock with a quartz battery powered movement. The clock is housed in a round blue plastic case and has a round dial with black hour and minute hands, and a red second hand. The face of the clock features a blue checkered background with the traditional Arabic numerals 12, 3, 6 and 9 around the periphery corresponding to the hours of the day. The face of the clock is surrounded by a glass neon tube, which glows when used with the included adapter. The name “Starlight Movies” is printed in the upper portion of the face of the clock. The words “Drive-In Theaters” are printed directly below the name “Starlight Movies”. You have indicated in your letter that the wall clock will be imported in two styles. The style provided features blue housing with a blue neon light and the words “Drive-In Theaters” printed on the face of the clock. The second style features pink housing with a pink neon light and the words “Eat at Joe’s” printed on the face of the clock.

The submitted wall clock measures approximately 14 inches in height, 14 inches in length and 2½ inches in width. The clock measures approximately 9 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 not included.

Your sample is being returned as requested.

The applicable subheading for the wall clocks 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.

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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