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NY N015187




August 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9106.90.55

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of digital day counter from China.

Dear Ms. Davidson:

In your letter dated July 27, 2007, you requested a tariff classification ruling. A sample was submitted with your ruling request.

The digital day counter, item number 10043159, features a battery operated quartz movement. The digital day counter requires one G8 type battery that is included. The digital day counter is used for tracking the days and hours of food items and anything else that needs tracking. The suction base attaches to most smooth surfaces such as glass or plastic containers. When setting the timer, the screen displays the number of days elapsed since you opened the item, closed it, tried it, etc. The digital day counter can be set for up to 99 days and 23 hours. After that time, the screen displays zero and starts counting over again.

The applicable subheading for the digital day counter will be 9106.90.55 Harmonized Tariff Schedule of the United States (HTSUS), which provides for time of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movement or with synchronous motor (for example time registers, time-recorders); other; other; apparatus for measuring, recording, or otherwise indicating intervals of time, with clock or watch movements, battery powered; with opto-electronic display only. The rate of duty will be 3.9 percent on the apparatus plus 5.3 percent 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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