NY J81372

February 28, 2003

CLA-2-82:RR:NC:1:118 J81372

CATEGORY: Classification

TARIFF NO.: 8205.51.3030; 9105.21.80

Mr. Todd Stumpf

UTi Seattle

835 South 192nd Street, Suite 800

Seatac, WA 98148

RE: The tariff classification of a talking beer bottle opener and talking wall clock from China.

Dear Mr. Stumpf:

In your letter dated February 10, 2003, you requested a tariff classification ruling for UTi Seattle and Pacific Direct, Poulsbo, WA. The samples that you submitted with your request will be returned to you as requested.

You have described your samples as follows:

1) Miller Lite Talking Beer OpenerÔ - with steel “opening” device. It is approximately 5” in length and includes an internal battery and a sound bite module.

2) The Three Stooges Talking Wall ClockÔ - is a wall clock with the face of the clock featuring the Three Stooges which plays back twelve one-liners and sound bites. The clock is round and measures 13” in diameter and is housed in a plastic case. On the back of the plastic housing is an opening for changing batteries. The clock is packed for retail sale in a cardboard box.

The applicable subheading for the talking beer opener will be 8205.51.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: household tools, and parts thereof: of iron or steel: other (including parts): kitchen and table implements. The rate of duty will be 3.7% ad valorem.

The applicable subheading for the talking wall clock will be 9105.21.80, HTS, which provides for other clocks; wall clocks: electrically operated: other. The rate of duty will be 30 cents each plus 6.9% ad valorem on the case + 5.3% ad valorem on the battery.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division