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?

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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