CLA-2-91:S:N:N8:344 898788

Mr. Thomas J. Krenz
Brahm & Krenz International Ltd.
7119 W. North Avenue
Wauwatosa, WI 53213

RE: The tariff classification of a Programmable Control from China. Dear Mr. Krenz:

In your letter dated April 1, 1994, received in this office on June 7, 1994, on behalf of Kewaskum Manufacturing Co., Inc., Kewaskum, Wisconsin, you requested a tariff classification ruling.

The submitted sample, KP31DS006WHAS (Worldtronics part number WT2133) Programmable Control is a time switch for use in small appliances. The unit has two modes, manual and automatic. In the manual mode the unit provides power to the appliance for one hour and fifty-nine minutes. At the end of this time period, the switch cuts off all power to the appliance.

In the auto mode, the unit may be programmed to provide power to the appliance at a predetermined time. This is accomplished through the use of a digital display. The unit will provide power to the appliance for one hour and fifty-nine minutes. At the end of this time period, ther switch cuts off all power to the appliance.

Your sample is being returned as requested.

The applicable subheading for the KP31DS006WHAS Programmable Control, if valued not over $5 each, will be 9107.00.4000, will be Harmonized Tariff Schedule of United States (HTS), which provides for Time switches with clock or watch movement or with synchronous motor: Valued not over $5 each. The rate of duty will be 15 cents each plus 4% plus 2.5 cents/jewel.

If the time switch is valued over $5 each, the applicable subheading will be 9107.00.8000, HTS, which provides for Time switches with clock or watch movement or with synchronous motor: Valued over $5 each. The rate of duty will be 45 cents each plus 6.4% plus 2.5 cednts/jewel.

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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