CLA-2-91:RR:NC:MM:114 K82659

Ms. Lorianne Aldinger
Import Manager
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of Twin Bell Neon Clocks from China

Dear Ms. Aldinger:

In your letter dated January 23, 2004, you requested a tariff classification ruling on Twin Bell Neon Clocks from China. A sample of the Twin Bell Neon Clock was submitted with the ruling request.

The sample for which you are requesting a classification, item number 935575, is identified in your letter as the Twin Bell Neon Clock. The Twin Bell Neon Clock is an analog clock with a quartz battery powered movement. The clock is housed in a round white plastic case and has a round white dial with black hour and minute hands, and a red second hand. The face of the clock features the traditional Arabic numerals 1 through 12 around the periphery corresponding to the hours of the day. A glass neon tube surrounds the face of the clock. The neon tube changes from blue to pink, when used with the included adapter. You have stated in your letter that the clock may be hung on a wall or can be displayed on a flat surface by its two legs. The Twin Bell Neon Clock will be imported in two colors including white housing and black housing.

The submitted sample measures approximately 12 3/4 inches in height, 9 inches in length and 3 1/2 inches in width. The clock measures approximately 9 inches in diameter. On the back of the plastic housing is an opening for changing the battery. The clock requires one AA battery to operate. The battery is not included.

Your sample is being returned as requested.

The applicable subheading for the Twin Bell Neon Clocks will be 9105.91.80, Harmonized Tariff Schedule of the United States (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