CLA-2 CO:R:CV:G: 084956 JLV 842377 NY
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