CLA-2-91:RR:NC:MM:114 J81104
Mr. Floyd Griffith
Purchasing Director
Allison Corporation
15 Okner Parkway
Livingston, NJ 07039-1693
RE: The tariff classification of AutoLogix Thermometer/Clock, Clock/Compass/Thermometer, Indoor/Outdoor Thermometer, Flat Lash, and Tie Down from China
Dear Mr. Griffith:
In your letter dated February 6, 2003, you requested a tariff classification ruling on an AutoLogix Thermometer/Clock, Clock/Compass/Thermometer, Indoor/Outdoor Thermometer, Flat Lash, and Tie Down from China. Samples of the AutoLogix Thermometer/Clock, Clock/Compass/ Thermometer, Indoor/Outdoor Thermometer, Flat Lash, and Tie Down were submitted with the ruling request.
The submitted item number 92-0122 is identified as the AutoLogix Indoor/Outdoor Ice Alert Thermometer/Clock. The combination article consists of a battery operated digital clock and indoor/outdoor thermometer housed in black molded plastic case with liquid crystal displays. The liquid crystal displays feature the time in hours and minutes, and the indoor or outdoor temperature in Fahrenheit. The Thermometer/Clock also features an ice alert alarm that will sound when the temperature changes to lower than the preset temperature. The item includes a portable mini outdoor waterproof sensor with ten feet of wire. There are two adhesive pressure sensitive pads on the back of the plastic housing to attach the Thermometer/Clock to the dashboard of an automobile. The Thermometer/Clock requires one 1.5 V AAA battery to operate. The battery is included. The Thermometer/Clock is packed in a blister display pack with a cardboard insert ready for retail sale. The insert contains instructions for using the Thermometer/Clock.
The submitted item number 92-0123 is identified as the AutoLogix Clock/Compass/ Thermometer. The combination article consists of a battery operated digital clock, compass, and thermometer housed in molded plastic case with a fold-out stand on the back of the case. The clock has a liquid crystal display that features the month, date, hours, minutes, and seconds. The compass consists of a floating black ball encapsulated in a clear, liquid-filled bulb. The compass is 1 1/8 inches in diameter with a green arrow, and green and white markings on the floating ball. The thermometer is 1 1/8 inches in diameter with a red pointer, and a dial showing the temperature in Fahrenheit. The Clock/Compass/Thermometer requires one LR41 button cell battery to operate. The battery is included. The Clock/Compass/Thermometer includes two adhesive pressure sensitive pads that can be applied to any solid surface for mounting. The Clock/Compass/ Thermometer is packed in a blister display pack with a cardboard insert ready for retail sale. The instructions for using the Clock/Compass/Thermometer are included.
The submitted item number 92-0121 is identified as the AutoLogix Indoor/Outdoor Thermometer. The article is a battery operated digital indoor/outdoor thermometer housed in black molded plastic case with liquid crystal displays. The lighted liquid crystal displays feature the indoor or outdoor temperature in Fahrenheit or Centigrade. The Indoor/Outdoor Thermometer includes a portable mini outdoor waterproof sensor with ten feet of wire. The Indoor/Outdoor Thermometer requires one 1.5 V AAA battery to operate. The battery is not included. The article includes two adhesive pressure sensitive pads that can be applied to any solid surface for mounting. The Indoor/Outdoor Thermometer is packed in a blister display pack with a cardboard insert ready for retail sale. The instructions for using the Indoor/Outdoor Thermometer are included.
The submitted item number 55-9305 is identified as the AutoLogix Flat Lash. You have described the article as a rubber strap made of natural rubber that is covered with braided polyethylene fiber and secured at each end by a plastic hook. The Flat Lash measures approximately 30 inches in length. The Flat Lash is packed in an individual polybag ready for retail sale.
The submitted item number 9362 is identified as the AutoLogix Tie Down. You have described the article as a rubber strap made of natural rubber with two steel hooks provided. The Tie Down measures approximately 20 inches in length. The Tie Down is packed in an individual polybag ready for retail sale.
Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTS) is governed by the General Rules of Interpretation (GRI) taken in order. The combination Thermometer/Clock and the Clock/Compass/Thermometer are each a composite article that is classifiable under more than one heading, each equally specific. It is the opinion of this office that there is no essential character for each composite article. Accordingly, the Thermometer/Clock and the Clock/Compass/Thermometer will be classified according to GRI 3(c) that states “when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading that occurs last in numerical order among those which equally merit consideration.” Applying GRI 3(c), each composite article is classifiable under heading 9105 since it occurs last in numerical order of the competing headings.
The applicable subheading for the AutoLogix Thermometer/Clock and Clock/Compass/ Thermometer will be 9105.91.40, HTS, which provides for other clocks; other; electrically operated; with opto-electronic display only. The rate of duty will be 3.9 percent ad valorem on the movement and case plus 5.3 percent ad valorem on the battery.
The applicable subheading for the AutoLogix Indoor/Outdoor Thermometer will be 9025.19.8080, HTS, which provides for thermometers, not combined with other instruments; not liquid-filled; not clinical. The rate of duty will be 1.8 percent ad valorem.
The applicable subheading for the AutoLogix Flat Lash will be 6307.90.9889, HTS, which provides for other made-up articles; other; other; other; other; other. The rate of duty will be 7 percent ad valorem.
The applicable subheading for the AutoLogix Tie Down will be 4016.99.3500, HTS, which provides for other articles of vulcanized rubber other than hard rubber; other; other; other; of natural rubber; other. The rate of duty will be free.
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