CLA-2-91:OT:RR:NC:4:414

Ms. Janet Pendris
Hampton Direct
291 Hurricane Lane
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of photo frame with clock from China

Dear Ms. Pendris:

In your letter dated January 5, 2010, you requested a tariff classification ruling. A sample of the photo frame with clock was submitted with your letter and will be returned as requested.

Item SKU number 67790, for which you are requesting a ruling, is identified in your letter as a photo frame with clock. The combination article consists of a photo frame with LCD alarm clock. The item measures approximately 6 ¼ inches by 6 ¼ inches. The case and the frame are composed of High Impact Polystyrene (HIPS). The frame holds eight photos measuring 1 ? inch by 1 ? inch each. The battery operated alarm clock requires two LR1300 button cell batteries, which are included. The clock features the time of day, the date, the day of the week and the temperature in Celsius/Fahrenheit format. The clock has alarm and snooze buttons. The item has a birthday reminder feature. The user may set the item to play a “Happy Birthday” song by entering a birth date and it will play the “Happy Birthday” song for five minutes on the set date. The photo frame with clock may stand on a table or it may be hung on wall.

The applicable subheading for the photo frame with clock will be 9105.11.40, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other clocks; alarm clocks; electrically operated; with opto-electronic display only. The rate of duty will be 3.9 percent on the movement and case plus 5.3 percent on the battery.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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