The tariff classification of lamp and appliance daily timers from China

N055982 April 3, 2009 CLA-2-91:OT:RR:NC:1:114 CATEGORY: Classification TARIFF NO.: 9107.00.4080, 9107.00.8000 Mr. Mate Sebestyen Customs Clearance International, Inc. 149-29 182nd Street, Suite 201 Springfield Gardens, NY 11413 RE: The tariff classification of lamp and appliance daily timers from China Dear Mr. Sebestyen: In your letter dated March 25, 2009, on behalf of The NCC NY LLC, you requested a tariff classification ruling. Style number DT28439 is a timer-operated switch used to turn lamps, appliances and other electrical devices on and off at designated times. The timer is made of plastic and has a synchronous motor and a slide pin construction to prevent loss of pins. The polarized outlet and plug allows the user to plug the appliance or device into the timer. The timer is programmed to repeat itself daily. The timer is power rated for 125V/15A/1875 resistive (Appliances) and 125V/8A/1000W tungsten (Incandescent) 60HZ. You suggested classification for the timer, style DT28439, under 9106.90.8500, 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; other; other; other; other. The timer, style DT28439, is more specifically provided for as a time switch with clock or watch movement or with synchronous motor. The applicable subheading for the timer, style number DT28439, if valued not over $5, will be 9107.00.4080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for time switches with clock or watch movement or with synchronous motor; valued not over $5 each: Other. The rate of duty is 15 cents each plus 4 percent plus 2.5 cents per jewel. If valued over $5, the applicable subheading will be 9107.00.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for time switches with clock or watch movement or with synchronous motor; valued over $5 each. The rate of duty will be 45 cents each plus 6.4 percent plus 2.5 cents per jewel. 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 National Commodity Specialist Division