Mechanical clock movement for a timer switch

HQ 084956 October 11, 1989 CLA-2 CO:R:CV:G: 084956 JLV 842377 NY CATEGORY: Classification TARIFF NO.: 9109.90.20 Mr. Joe Delbone M.H. Rhodes, Inc. 99 Thompson Road Avon, Connecticut 06001 RE: Mechanical clock movement for a timer switch Dear Mr. Delbone: In a letter of June 13, 1989, you requested that we reconsider the classification of a mechanical clock movement which was the subject of a ruling letter of April 10, 1989 (file 839138). FACTS: The article is a clock movement and was described in the letter of April 10, 1989 (file 839138) as a "mechanical no (0) jewel clock movement with a metal housing enclosing a mainspring, pinions, gears, arbor, other metal parts and a balance wheel * * * measures under 50 mm wide and over 12 mm thick." The article in question was clearly and correctly described in that letter. It is a complete and assembled clock movement. In the ruling of April 10, 1989, this movement was classified under a subheading applicable to batter-powered movements: subheading 9109.11.20, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). You question whether or not this was a mistake and state that subheading 9109.90.20 is the correct classification. ISSUE: Is the correct classification for the mechanical clock movement in subheading 9109.90.20, HTSUSA? - 2 - LAW AND ANALYSIS: The clock movement was correctly described in the letter of April 10, 1989. It is a complete and assembled clock movement within heading 9109. The competing levels of indentation of heading 9109 are "[b]attery or AC powered" and "[o]ther." The movement does not use battery or AC power. Therefore, it cannot be classified in a subheading under the indentation for batter or AC powered movements. The correct classification is under the subheading for other [than battery or AC powered] clock movements, complete and assembled. HOLDING: The mechanical clock movement is classified as a clock movement, complete and assembled, other, measuring not over 50 mm in width or diameter, in subheading 9109.90.20, HTSUSA. EFFECT ON OTHER RULINGS: Ruling letter of April 10, 1989 (file 839138), is modified in accordance with the decision in this ruling. Sincerely, John Durant, Director Commercial Rulings Division 6cc: AD NY Seaport 2cc: Chief, CIE 1cc: NIS Lou Piropato 1cc: Director, Trade Ops 1cc: AC, CO 1cc: Durant 1cc: Reading File LIBRARY: valentin FILE NAME: 084956