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NY K88824




September 9, 2004

CLA-2-91:RR:NC:MM:114 K88824

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.11.40

Ms. Irene Kwok
CGroup U.S. Inc.
C/o Mr. Zakir Ally
12W 57th Street, 5th Floor
New York, NY 10019

RE: The tariff classification of Black Plastic Pop Up Clock

Dear Ms. Kwok:

In your letter dated August 20, 2004, you requested a tariff classification ruling on a Black Plastic Pop Up Clock. A sample of the Black Plastic Pop Up Clock was submitted with the ruling request.

The submitted item number CKC1005-574 is identified in your letter as a Black Plastic Pop Up Clock. The Black Plastic Pop Up Clock is a travel alarm clock that contains a battery-operated electronic movement with a liquid crystal display (LCD). The clock is housed in a black plastic case. The clock case may be popped open and snapped closed. When the button located in the bottom portion of the back of the case is pressed, the top portion of the case will pop up. The top portion of the opened case contains the liquid crystal display. The clock features hour and minute displays. When the top of the opened case is pushed down, the top portion will snap back into the bottom portion of the case. In its closed position, the travel alarm clock measures approximately 2 1/4 inches in length by 2 inches in width. The LCD display measures approximately 1 inch in length by 3/8 of an inch in width. The two buttons for setting the hour and minute are located below the LCD display. On the back of the housing is an opening for changing the battery. The clock requires one battery to operate. The battery is included. You have indicated in your letter that the plastic case, movement and battery will be made in China.

The applicable subheading for the Black Plastic Pop Up Clock will be 9105.11.40, Harmonized Tariff Schedule of the United States (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.

You have also asked whether or not anti-dumping or countervailing duties are applicable for the clock. Anti-dumping and countervailing duties are not applicable for this merchandise.

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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