The tariff classification of Goodnight Sleep Trainer timer from China

N046317 December 18, 2008 CLA-2-91:OT:RR:NC:1:114 CATEGORY: Classification TARIFF NO.: 9106.90.55 Mr. Kenton C. Grimes Phoenix International Cleveland 17515 Engle Lake Dr Middleburg Heights, OH 44130 RE: The tariff classification of Goodnight Sleep Trainer timer from China Dear Mr. Grimes: In your letter dated December 2, 2008, on behalf of 4Moms, you requested a tariff classification ruling. A sample of the Goodnight Sleep Trainer timer was submitted with the ruling request. The Goodnight Sleep Trainer is a hand held electronic device which has a running timer. The device stores time data into three different categories “up to play”, crying” and “down to sleep”. The device is designed to be hooked-up to a computer to allow the data to be downloaded. The Goodnight Sleep Trainer is a tool to assist parents in teaching their children to sleep for longer periods of time. The timer data that is collected is used to guide the parents as to when to intervene and help the child back to sleep or when to let the child cry it out. The device is operated by pushing the “down to sleep button” at bed or nap time, the “up to play” button when sleep time is over, and the “crying” button if the baby wakes up in-between the two or if the baby has a hard time settling down to sleep. Over a ten day period, the progressive timer gradually increases how long to wait before going to the child. When the timer finishes its preset time, the parents check on the child and then press the “done checking” button. The Goodnight Sleep Trainer has on and off buttons and requires three AA batteries, which are not included. The Goodnight Sleep Trainer is packaged for retail sale in a clear front cardboard box. You have suggested classification for the Goodnight Sleep Trainer under 8471.80.9000, Harmonized Tariff Schedule of the United States (HTSUS). The Goodnight Sleep Trainer’s principal function is that of a timer, which is performing a function other than data processing. Thus, it is excluded from Heading 8471 by Note 5(E) to Chapter 84, HTSUS. Therefore, classification in 8471.80.9000, HTSUS is precluded. The applicable subheading for the Goodnight Sleep Trainer will be 9106.90.55, Harmonized Tariff Schedule of the United States (HTSUS), which provides for time of day recording apparatus and apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movement or with synchronous motor (for example, time registers, time-recorders); other; other; apparatus for measuring, recording, or otherwise indicating intervals of time, with clock or watch movements, battery powered: with opto-electronic display only. The rate of duty will be 3.9 percent on the apparatus 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