HQ 084956: Mechanical clock movement for a timer switch

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 084956

                                    October 11, 1989

             CLA-2 CO:R:CV:G:  084956 JLV  842377 NY

             CATEGORY:  Classification

             TARIFF NO.:  9109.90.20

             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?














                                          - 2 -


             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