NY 860929

March 7, 1991

CLA-2-:91:S:N:N3G:344 860929

CATEGORY: Classification

TARIFF NO.: 9105.91.80

Mr. Richard Baldassarre

RJB International, Ltd.

630 Marlow Drive

York, Pennsylvania 17402

RE: The tariff classification of a girl\'s pajama bag/clock from

China.

Dear Mr. Baldassarre:

In your letter of January 10, 1991, which was received in

this office on February 28, 1991, you requested a tariff

classification ruling on a girl\'s pajama bag/clock.

The submitted sample, P.J. Party Time, is a girl\'s textile

pajama bag with a built in quartz analog, battery-powered clock

with a Japanese-made movement. The clock is assembled in China.

The clock\'s round plastic case is bordered with a padded

yellow textile fabric. The face of the clock depicts two big

blue eyes and a one-toothed smile. The pink hour, minute and

second hands are situated in the \"nose\" area of the face. Sewn

onto the sides of the clock are \"arms\" which are stuffed with

textile material and covered with a pink and white polka dot

fabric, with white eyelet trim at the \"wrists.\" The \"hands\" are

stuffed with textile material and covered with a pink fabric.

Attached to the bottom of the clock are \"legs\" stuffed with

textile material and covered with a blue, pink, white and green

flowered fabric, with white eyelet trim at the \"ankles.\" The

\"feet\" are stuffed with textile material and covered with a pink

textile. Sewn onto the top of the clock are two \"alarm bells\"

also stuffed with textile material and covered with yellow fabric

and topped with pink textile bows.

Encircling the back of the clock is a textile stuffed

tubular shaped support covered with nylon fabric. The nylon

fabric is covered with the same material which covers the \"legs.\"

Attached to this support is a bag of the same material which

covers the exterior of the support. The bag has a flat 1/2\" wide

braided double drawstring closure which attaches to the top of

the clock by means of a velcro-type fastener to serve as the

bag\'s handle. The bag is designed for use as a child\'s pajama

bag for overnight travel, while the clock can serve as a wall

clock to be hung by the bag\'s handle or set on a shelf or table.

The sample pajama bag/clock is a composite article that

prima facie appears to be classifiable under two headings\--4202

and 9105. However, in keeping with General Rule of

Interpretation (GRI) 3(a), because the two headings each refer to

part only of the composite article, the two headings are regarded

as equally specific in relation to the article.

GRI 3(b) requires that composite goods consisting of

different materials or made up of different components, which

cannot be classified by reference to GRI 3(a), shall be

classified as if they consisted of the material or component

which gives them their essential character, insofar as this

criterion is applicable. We have concluded that the textile

pajama bag and the clock are equally essential components of the

sample and neither pajama bag nor clock imparts an essential

character to the composite article. Therefore, the article is

not classifiable by reference to GRI 3(b).

GRI 3(c) states: \"When goods cannot be classified by

reference to 3(a) or 3(b), they shall be classified under the

heading which occurs last in numerical order among those which

equally merit consideration.\"

Accordingly, the applicable subheading for the pajama

bag/clock will be 9105.91.80, Harmonized Tariff Schedule of the

United States (HTS), which provides for other clocks: other:

other. The rate of duty will be 30 cents each plus 6.9% on the

case plus 5.3% on the battery.

The textile bag, as part of a composite article classifiable

in subheading 9105.91.80, HTS, is not subject to any quota or

visa requirements.

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