HQ 959726

April 14, 1997

CLA-2 RR:TC:MM 959726 HMC

CATEGORY: Classification

TARIFF NO.: 9105.19.10

Port Director of Customs

1901 Cross Beam Drive

Charlotte, NC 28217

RE: PRD 1512-96-100107; Keywound Travel Alarm Clock; Clocks with

Watch Movements; Other Clocks; Headings 9103 and 9105;

Subheadings 9103.90.00 and 9105.19.10; Chapter 91, Note 3;

Chapter 91, Additional U.S. Note 1(d); Watch or Clock Movement;

ENs 91.03 and 91.05; HO 816462.

Dear Port Director:

This our decision on Protest 1512-96-100107, filed against

your classification of keywound travel alarm clocks, Model 15-540B. The
entries under protest were liquidated on January 19,

1996, and this protest timely filed on March 20, 1996.

FACTS:

The merchandise under protest involves keywound travel alarm

clocks, Model 15-540B. The clocks are made of various parts,

including a movement. A sample movement is made of components,

such as a train, an escapement with a balance wheel, a balance

hairspring, and a turning fork, capable of measuring time. These

components are enclosed within two basic plates shaped in the

form of a circle, flat on one side. The basic plates containing

the mechanism are themselves attached to a basic dial support

plate.

The merchandise was originally entered under a provision for

Other Clocks, under subheading 9105.19.40 of the Harmonized

Tariff Schedule of the United States (HTSUS). However, the

entries were liquidated under subheading 9103.90.0010, HTSUS, as

clocks with watch movements. Protestant, makes reference to

Ruling HO 816462 issued by the Port Director, Houston, Texas, on

November 28, 1995, which classified the subject keywound travel

alarm clocks under subheading 9105.19.10, HTSUS. Protestant

claims that the keywound travel alarm clocks are classifiable as

Other Clocks under subheading 9105.19.40, HTSUS, based on the

premise that the clocks\' movements measure more than 12 mm in

thickness and 50 mm in diameter.

The provisions under consideration are as follows:

9103 Clocks with watch movements, excluding clocks

of heading 9104:

9103.10 Electrically operated:

9103.90.00 Other:\...29› each + 5.5% on the case.

\* \* \* \*

9105 Other Clocks:

Alarm Clocks

9105.11 Electrically operated:

9105.19 Other:

With movement measuring not

over 50 mm in width or

diameter:

9105.19.10 Not constructed or

designed to operate for

over 47 hours without

rewinding\...30› each +

6.9% on the case.

Other:

9105.19.40 Valued not over \$5

each:\...15› each + 6.4%.

ISSUE:

Whether the keywound travel alarm clocks are classifiable as

clocks with watch movements under heading 9103, HTSUS, or as

Other Clocks under heading 9105, HTSUS.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff

Schedule of the United States (HTSUS) in accordance with the

General Rules of Interpretation (GRIs). GRI 1 states in part

that for legal purposes, classification shall be determined

according to the terms of the headings and any relative section

or chapter notes, and provided the headings or notes do not

require otherwise, according to GRIs 2 through 6.

Chapter 91, Note 3, HTSUS, provides as follows:

For the purposes of this chapter, the expression \"watch

movement\" means devices regulated by a balance wheel

and hairspring, quartz crystal or any other system

capable of determining intervals of time, with display

or a system to which a mechanical display can be

incorporated. Such watch movement shall not exceed 12

mm in thickness and 50 mm in width, length or diameter.

Chapter 91, Additional U.S. Note 1(d) provides as follows:

The term \"clock movement\" means devices regulated by a

balance wheel and hairspring, quartz crystal or any

other system capable of determining intervals of time,

with a display or a system to which a mechanical

display can be incorporated. Such clock movements

shall either exceed 12 mm in thickness or 50 mm in

width, length or diameter, or both.

The Harmonized Commodity Description And Coding System

Explanatory Notes (ENs) constitute the official interpretation of

the Harmonized system. While not legally binding on the

contracting parties, and therefore not dispositive, the ENs

provide a commentary on the scope of each heading of the

Harmonized System and are thus useful in ascertaining the

classification of merchandise under the System. Customs believes

the notes should always be consulted. See T.D. 89-80, 54 Fed.

Reg. 35127, 35128 (Aug. 23, 1989).

EN 91.03 at page 1543 states that heading 9103 covers clocks

(including alarm clocks but excluding clocks of heading 91.04)

provided they are equipped with watch movements, and are

essentially constructed for indicating the time of day. Such

watch movements shall not exceed 12 mm in thickness and 50 mm in

width, length or diameter.

This EN further states that it should however be noted that

the heading excludes (b) clocks (including alarm clocks) which do

not satisfy the conditions specified in the paragraph above, for

example, pendulum clocks, clocks with any other regulating system

capable of determining intervals of time and exceeding 12 mm in

thickness or exceeding 50 mm in width, length or diameter and

clocks with movements without a regulating system (e.g., driven

by synchronous motor). These fall in heading 91.05.

EN 91.05 at page 1544 states that heading 9105 covers

timekeepers, not classified elsewhere in the Chapter, essentially

constructed for indicating the time of day; they must, therefore,

have movements other than watch movements. Clocks and alarm

clocks with watch movements (as defined by Chapter Note 3) are

excluded (heading 91.03).

General EN to Chapter 91, at page 1541, states that for the

purposes of Note 3 to this Chapter, which defines watch

movements, the following methods of measurement apply:

\(a\) Measurement of thickness: The thickness of a movement

is the distance from the outer plane of the dial support (or the

visible surface of the display if the latter is incorporated in

the movement) to the furthest opposite outer plane, without

taking account of any screws, nuts or other fixed parts

projecting beyond that plane.

\(b\) Measurement of width, length or diameter: As

appropriate, the width, length or diameter (which are determined

by their axis or symmetry) is to be measured without taking the

winding spindle or crown into consideration.

The Chapter Notes and Additional U.S. Notes define watch and

clock movements almost identically. These Notes define them as

devices regulated by a balance-wheel and hairspring, quartz

crystal or any other system capable of determining intervals of

time, with a display or a system to which a mechanical display

can be incorporated. However, the Notes differentiate clock

movements from watch movements on the basis of size. The Chapter

Notes specify that a watch movement cannot exceed 12 mm in

thickness and 50 mm in width, length or diameter. Clocks with

this type of movement are classified under heading 9103.

Additional U.S. Notes and the ENs state that clock movements

shall either exceed 12 mm in thickness or 50 mm in width, length

or diameter, or both. Clocks with this type of movements are

classified under heading 9105 as Other Clocks not having watch

movements. We must then determine what is the actual thickness

and the width, length or diameter of the keywound travel alarm

clocks\' movements.

The ENs provide how to measure the movements. The thickness

of movements must be measured from the distance from the outer

plane of the dial support (or the visible surface of the display

if the latter is incorporated in the movement) to the furthest

opposite outer plane, without taking account of any screws, nuts

or other fixed parts projecting beyond that plane. The EN is

clear as to how to measure the thickness. The movement\'s width,

length or diameter (which is determined by their axis of

symmetry) is to be measured without taking the winding spindle or

crown into consideration. In the latter instance, the ENs are

inexplicit about what part of the movement\'s symmetry to measure

to determine the width, length or diameter.

The ENs indicate that the methods of measurements are

provided for the purpose of Note 3, Chapter 91, which gives the

aforementioned definition of watch movement. This definition, we

believe, focuses on defining movement as a mechanism for

measuring time. Based on the definition of Note 3 to Chapter 91,

we believe that to obtain the width, length or diameter in this

instance, the movement\'s mechanism in the keywound alarm clocks

is the part which should be measured and that the dial support

plate must not be taken into account. Since the mechanism is

enclosed within two basic plates shaped in the form of a circle,

flat on one side, it is appropriate to measure its diameter. The

diameter of the sample mechanism submitted by the importer was

measured by the U.S. Customs\' laboratory and found to be 16 mm in

thickness and 49.50 mm in diameter. Accordingly, we disagree

with the importer\'s measurements and conclude that, since the

movement measures more than 12 mm in thickness, the movements on

the keywound travel alarm clocks, Model 15-540B, are not watch

movements and the keywound travel alarm clocks must be classified

under heading 9105. Furthermore, since the imported merchandise

have clock movements measuring not over 50 mm in diameter and are

alarm clocks not designed to operate over 47 hours without

rewinding, the keywound travel alarm clocks must be classified

under subheading 9105.19.10. We affirm Ruling HO 816462, dated

November 28, 1995, classifying the keywound travel alarm clocks,

Model 15-540B, as Other Clocks: Alarm Clocks under subheading

9105.19.10.

HOLDING:

Under the authority of GRI 1, the keywound travel alarm

clocks, Model 15-540B are provided for in heading 9105. They

are classifiable in subheading 9105.19.10, HTSUS.

This protest should be DENIED. In accordance with Section

3A(11)(b) of Customs Directive 099 3550-065, dated August 4,

1993, Subject: Revised Protest Directive, you should mail this

decision, together with the Customs Form 19, to the Protestant no

later than 60 days from the date of this letter. Any

reliquidation of the entry or entries in accordance with the

decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision the Office of

Regulations and Rulings will take steps to make the decision

available to Customs personnel via the Customs Rulings Module in

ACS and to the public via the Diskette Subscription Service, the

Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director

Tariff Classification Appeals Division