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NY L80508




November 10, 2004

CLA-2-91:RR:NC:MM:114 L80508

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.11.40

Ms. Amy Schmerl
Inventory Planning Analyst
Wild Planet Toys, Inc.,
98 Battery Street, Suite 300
San Francisco, CA 94111

RE: The tariff classification of My Voice Alarm Clock

Dear Ms. Schmerl:

In your letter dated October 14, 2004, you requested a tariff classification ruling on a digital alarm clock from China. A sample of My Voice Alarm Clock was submitted with the ruling request.

The submitted item number 85002 is identified as My Voice Alarm Clock. My Voice Alarm Clock is a digital alarm clock that contains a battery-operated electronic movement with a liquid crystal display (LCD). The clock is housed in a purple plastic case. The LCD display measures approximately 2ΒΌ inches in length by 1 inch in width. The LCD display features morning or evening hour and minute. The clock features buttons for setting the hour and minute, activating the snooze, and recording and playing your personal wake-up message. The clock also features a stand that allows it to be displayed on a table, desk, shelf or the like. On the back of the housing is an opening for changing the batteries. The instruction sheet indicates that the clock requires three AAA (LR3) batteries to operate. The batteries are not included.

You have indicated in your letter that you believe this item is a toy. The National Import Specialist for toys has stated that this item is not designed to amuse, but to tell time. My Voice Alarm Clock is a working, functional clock classifiable in Chapter 91 as a clock.

The applicable subheading for My Voice Alarm 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.

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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