CLA-2 RR:TC:MM 959726 HMC
Port Director of Customs
1901 Cross Beam Drive
Charlotte, NC 28217
RE: PRD 1512-96-100107; Keywound Travel Alarm Clock; Clocks with
Watch Movements; Other Clocks; Headings 9103 and 9105;
Subheadings 9103.90.00 and 9105.19.10; Chapter 91, Note 3;
Chapter 91, Additional U.S. Note 1(d); Watch or Clock Movement;
ENs 91.03 and 91.05; HO 816462.
Dear Port Director:
This our decision on Protest 1512-96-100107, filed against
your classification of keywound travel alarm clocks, Model 15-540B. The entries under protest were liquidated on January 19,
1996, and this protest timely filed on March 20, 1996.
FACTS:
The merchandise under protest involves keywound travel alarm
clocks, Model 15-540B. The clocks are made of various parts,
including a movement. A sample movement is made of components,
such as a train, an escapement with a balance wheel, a balance
hairspring, and a turning fork, capable of measuring time. These
components are enclosed within two basic plates shaped in the
form of a circle, flat on one side. The basic plates containing
the mechanism are themselves attached to a basic dial support
plate.
The merchandise was originally entered under a provision for
Other Clocks, under subheading 9105.19.40 of the Harmonized
Tariff Schedule of the United States (HTSUS). However, the
entries were liquidated under subheading 9103.90.0010, HTSUS, as
clocks with watch movements. Protestant, makes reference to
Ruling HO 816462 issued by the Port Director, Houston, Texas, on
November 28, 1995, which classified the subject keywound travel
alarm clocks under subheading 9105.19.10, HTSUS. Protestant
claims that the keywound travel alarm clocks are classifiable as
Other Clocks under subheading 9105.19.40, HTSUS, based on the
premise that the clocks' movements measure more than 12 mm in
thickness and 50 mm in diameter.
The provisions under consideration are as follows:
9103 Clocks with watch movements, excluding clocks
of heading 9104:
9103.10 Electrically operated:
9103.90.00 Other:...29› each + 5.5% on the case.
* * * *
9105 Other Clocks:
Alarm Clocks
9105.11 Electrically operated:
9105.19 Other:
With movement measuring not
over 50 mm in width or
diameter:
9105.19.10 Not constructed or
designed to operate for
over 47 hours without
rewinding...30› each +
6.9% on the case.
Other:
9105.19.40 Valued not over $5
each:...15› each + 6.4%.
ISSUE:
Whether the keywound travel alarm clocks are classifiable as
clocks with watch movements under heading 9103, HTSUS, or as
Other Clocks under heading 9105, HTSUS.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) in accordance with the
General Rules of Interpretation (GRIs). GRI 1 states in part
that for legal purposes, classification shall be determined
according to the terms of the headings and any relative section
or chapter notes, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
Chapter 91, Note 3, HTSUS, provides as follows:
For the purposes of this chapter, the expression "watch
movement" means devices regulated by a balance wheel
and hairspring, quartz crystal or any other system
capable of determining intervals of time, with display
or a system to which a mechanical display can be
incorporated. Such watch movement shall not exceed 12
mm in thickness and 50 mm in width, length or diameter.
Chapter 91, Additional U.S. Note 1(d) provides as follows:
The term "clock movement" means devices regulated by a
balance wheel and hairspring, quartz crystal or any
other system capable of determining intervals of time,
with a display or a system to which a mechanical
display can be incorporated. Such clock movements
shall either exceed 12 mm in thickness or 50 mm in
width, length or diameter, or both.
The Harmonized Commodity Description And Coding System
Explanatory Notes (ENs) constitute the official interpretation of
the Harmonized system. While not legally binding on the
contracting parties, and therefore not dispositive, the ENs
provide a commentary on the scope of each heading of the
Harmonized System and are thus useful in ascertaining the
classification of merchandise under the System. Customs believes
the notes should always be consulted. See T.D. 89-80, 54 Fed.
Reg. 35127, 35128 (Aug. 23, 1989).
EN 91.03 at page 1543 states that heading 9103 covers clocks
(including alarm clocks but excluding clocks of heading 91.04)
provided they are equipped with watch movements, and are
essentially constructed for indicating the time of day. Such
watch movements shall not exceed 12 mm in thickness and 50 mm in
width, length or diameter.
This EN further states that it should however be noted that
the heading excludes (b) clocks (including alarm clocks) which do
not satisfy the conditions specified in the paragraph above, for
example, pendulum clocks, clocks with any other regulating system
capable of determining intervals of time and exceeding 12 mm in
thickness or exceeding 50 mm in width, length or diameter and
clocks with movements without a regulating system (e.g., driven
by synchronous motor). These fall in heading 91.05.
EN 91.05 at page 1544 states that heading 9105 covers
timekeepers, not classified elsewhere in the Chapter, essentially
constructed for indicating the time of day; they must, therefore,
have movements other than watch movements. Clocks and alarm
clocks with watch movements (as defined by Chapter Note 3) are
excluded (heading 91.03).
General EN to Chapter 91, at page 1541, states that for the
purposes of Note 3 to this Chapter, which defines watch
movements, the following methods of measurement apply:
(a) Measurement of thickness: The thickness of a movement
is the distance from the outer plane of the dial support (or the
visible surface of the display if the latter is incorporated in
the movement) to the furthest opposite outer plane, without
taking account of any screws, nuts or other fixed parts
projecting beyond that plane.
(b) Measurement of width, length or diameter: As
appropriate, the width, length or diameter (which are determined
by their axis or symmetry) is to be measured without taking the
winding spindle or crown into consideration.
The Chapter Notes and Additional U.S. Notes define watch and
clock movements almost identically. These Notes define them as
devices regulated by a balance-wheel and hairspring, quartz
crystal or any other system capable of determining intervals of
time, with a display or a system to which a mechanical display
can be incorporated. However, the Notes differentiate clock
movements from watch movements on the basis of size. The Chapter
Notes specify that a watch movement cannot exceed 12 mm in
thickness and 50 mm in width, length or diameter. Clocks with
this type of movement are classified under heading 9103.
Additional U.S. Notes and the ENs state that clock movements
shall either exceed 12 mm in thickness or 50 mm in width, length
or diameter, or both. Clocks with this type of movements are
classified under heading 9105 as Other Clocks not having watch
movements. We must then determine what is the actual thickness
and the width, length or diameter of the keywound travel alarm
clocks' movements.
The ENs provide how to measure the movements. The thickness
of movements must be measured from the distance from the outer
plane of the dial support (or the visible surface of the display
if the latter is incorporated in the movement) to the furthest
opposite outer plane, without taking account of any screws, nuts
or other fixed parts projecting beyond that plane. The EN is
clear as to how to measure the thickness. The movement's width,
length or diameter (which is determined by their axis of
symmetry) is to be measured without taking the winding spindle or
crown into consideration. In the latter instance, the ENs are
inexplicit about what part of the movement's symmetry to measure
to determine the width, length or diameter.
The ENs indicate that the methods of measurements are
provided for the purpose of Note 3, Chapter 91, which gives the
aforementioned definition of watch movement. This definition, we
believe, focuses on defining movement as a mechanism for
measuring time. Based on the definition of Note 3 to Chapter 91,
we believe that to obtain the width, length or diameter in this
instance, the movement's mechanism in the keywound alarm clocks
is the part which should be measured and that the dial support
plate must not be taken into account. Since the mechanism is
enclosed within two basic plates shaped in the form of a circle,
flat on one side, it is appropriate to measure its diameter. The
diameter of the sample mechanism submitted by the importer was
measured by the U.S. Customs' laboratory and found to be 16 mm in
thickness and 49.50 mm in diameter. Accordingly, we disagree
with the importer's measurements and conclude that, since the
movement measures more than 12 mm in thickness, the movements on
the keywound travel alarm clocks, Model 15-540B, are not watch
movements and the keywound travel alarm clocks must be classified
under heading 9105. Furthermore, since the imported merchandise
have clock movements measuring not over 50 mm in diameter and are
alarm clocks not designed to operate over 47 hours without
rewinding, the keywound travel alarm clocks must be classified
under subheading 9105.19.10. We affirm Ruling HO 816462, dated
November 28, 1995, classifying the keywound travel alarm clocks,
Model 15-540B, as Other Clocks: Alarm Clocks under subheading
9105.19.10.
HOLDING:
Under the authority of GRI 1, the keywound travel alarm
clocks, Model 15-540B are provided for in heading 9105. They
are classifiable in subheading 9105.19.10, HTSUS.
This protest should be DENIED. In accordance with Section
3A(11)(b) of Customs Directive 099 3550-065, dated August 4,
1993, Subject: Revised Protest Directive, you should mail this
decision, together with the Customs Form 19, to the Protestant no
later than 60 days from the date of this letter. Any
reliquidation of the entry or entries in accordance with the
decision must be accomplished prior to mailing the decision.
Sixty days from the date of the decision the Office of
Regulations and Rulings will take steps to make the decision
available to Customs personnel via the Customs Rulings Module in
ACS and to the public via the Diskette Subscription Service, the
Freedom of Information Act and other public access channels.
Sincerely,
John Durant, Director
Tariff Classification Appeals Division