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NY N012319




June 18, 2007

CLA-2-91: RR: NC: 1:114

CATEGORY: CLASSIFICATION

TARIFF NO.: 9105.11.40

Ms. Linda M. Rasco
Metro
P.O Box 1066
Champlain, NY 12919

RE: The tariff classification of alarm clocks from China.

Dear Ms. Rasco:

In your letter dated May 30, 2007, on behalf of Axbo North America, you requested a tariff classification ruling. A sample of the alarm clock was submitted and will be returned as requested.

The digital alarm clock, referred to as Axbo Sleep Phase Alarm Clock, features two terry-cloth armbands and two tracking devices. The tracking devices are placed in the armbands to monitor a person’s body movement overnight. The person’s body movement during sleep are monitored through the wristband and sent to the sleep phase alarm clock. By computing these movements, Axbo calculates the personal ideal wake-up time within a time range of thirty minutes prior to the alarm time set. The alarm clock is designed to wake two persons separately, both at their individual optimum time. Without the wristband, the Axbo works as a conventional alarm clock. The alarm clock package includes three AAA Ni-MH rechargeable batteries, a package of adapters, a switching power supply, and a cable.

The Axbo Sleep Phase Alarm Clock is a set put up for retail sale. The essential character of the set is imparted by the alarm clock. General Rule of Interpretation (GRI) 3 (b) of the Harmonized Tariff Schedule of the United States (HTSUS) is noted.

The applicable subheading for the Axbo Sleep Phase alarm clock will be 9105.11.40 Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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