The tariff classification of a Ground Table Clock and a Mobile Clock from China

NY L86779 August 18, 2005 CLA-2-91:RR:NC:MM:114 L86779 CATEGORY: Classification TARIFF NO.: 9105.91.80 Ms. Katherine McMahon Compliance Officer The Camelot Company 9865 West Leland Avenue Schiller Park, IL 60176 RE: The tariff classification of a Ground Table Clock and a Mobile Clock from China Dear Ms. McMahon: In your letter dated August 1, 2005, on behalf of Spilsbury, Inc., you requested a tariff classification ruling on a Ground Table Clock and a Mobile Clock from China. You have submitted a picture of each clock with the ruling request. The first sample for which you are requesting a classification is identified as the Ground Table Clock. The Ground Table Clock is an analog clock with a quartz battery powered movement. The clock is housed in the top portion of the metal table. The clock has a round white dial with black hour and minute hands. The face of the clock features the Arabic numbers 1 through 12 around the periphery corresponding to the hours of the day. The clock requires one AA battery to operate. The battery is not included. You suggest in your letter that the Ground Table Clock is classifiable under subheading 9403.20.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for other metal furniture; household; other. Note 1(k) to chapter 94 precludes the Ground Table Clock from classification in chapter 94. Note 1(k) excludes articles of chapter 91 (for example, clocks and clock cases) from classification in chapter 94. The second sample for which you are requesting a classification is identified as a Mobile Clock. The Mobile Clock is an analog desk clock with a quartz battery powered movement. The clock has a square dial with twelve indices to represent the numbers 1 through 12 around the periphery corresponding to the hours of the day. The face of the clock features a three-dimensional mobile. The position of the different balls in the mobile indicates the time. The clock requires one AA battery to operate. The battery is not included. The applicable subheading for the Ground Table Clock and Mobile Clock will be 9105.91.80, HTS, which provides for other clocks; other; electrically operated; other. The rate of duty will be 30 cents each plus 6.9 percent ad valorem on the 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, National Commodity Specialist Division