CLA-2-:91:S:N:N3G:344
Mr. Brian Hewitt
Global Assistive Devices, Inc.
3511 West Commercial Boulevard, Suite 219
Fort Lauderdale, Florida 33309
RE: The tariff classification of an alarm clock/lamp from Hong
Kong.
Dear Mr. Hewitt:
In your letter of June 12, 1990, you requested a tariff
classification ruling on a model 5502D alarm clock/lamp
manufactured by Cosmo Electronics.
Literature sent with your letter depicts a solid-state electronic
alarm clock with a halogen table/reading lamp. The clock has a Light
Emitting Diode (LED) display. In the event of a power failure a battery
back-up preserves the clock memory, enabling the clock to continue to
tell time. The clock has a snooze, repeat alarm feature and an individual
can wake to an audible alarm and flashing light combination.
An option for the 5502D is called the "L'il Ben Plus" bed shaker,
described as the "perfect accessory for the heavy sleeper." The bed
shaker is a specially designed vibrator with a low voltage mini-plug to
jack directly into the back of the alarm clock/lamp. At alarm-set
time, the bed shaker is intended to rouse the sleeping individual.
The 5502D clock/lamp is a composite article. Its essential
character is derived from the alarm clock. Without the optional
vibrator-bed shaker, the article cannot possibly be categorized as an
article for hearing impaired individuals. When equipped with the bed
shaker--"the perfect accessory for the heavy sleeper"--the article
still is an alarm clock that may be used by the general public.
The applicable subheading for the 5502D clock/lamp, with or
without optional bed shaker, will be 9105.11.40, Harmonized Tariff
Schedule of the United States (HTS), which provides for other clocks:
alarm clocks: battery or AC powered: with opto- electronic display
only. The rate of duty will be 3.9% on the movement and case
(including the lamp), plus 5.3 percent on the battery.
This ruling is being issued under the provisions of Section 177 of
the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be brought
to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport