The tariff classification of a vibrating alarm clock from China

N358305 February 26, 2026 CLA-2:OT:RR:NC:N3:348 CATEGORY: Classification TARIFF NO.: 9105.11.4040; 9105.11.4050 Jamal Ayache Serene Group, Inc. 3401 E University Dr., Suite 206 Denton, TX 76208 RE: The tariff classification of a vibrating alarm clock from China Dear Mr. Ayache: In your letter dated January 28, 2026, you requested a tariff classification ruling. A sample was provided and is being retained by this office. The sample, Model VA3, described as “Vibrating Alarm Clock,” is a battery-operated alarm clock. It features an opto-electronic display showing the hour, minute, AM/PM indicator. The product can be attached to bag or pillow by the built-in clip strap. When activated, it provides flashing lights, audio (up to 75 decibels output), and/or vibrations. It also features functions of a timer, thermometer and LED flashlight. The applicable subheading for Model VA3 will be 9105.11.40, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other clocks: Alarm clocks: Electrically operated: With opto-electronic display only: Other clocks.” In accordance with Statistical Note 1 to Chapter 91, HTSUS, the applicable classifications are as follows: For the movement: 9105.11.4040, HTSUS. The rate of duty will be 3.9 percent ad valorem. For the case: 9105.11.4040, HTSUS. The rate of duty will be 3.9 percent ad valorem. For the battery: 9105.11.4050, HTSUS. The rate of duty will be 5.3 percent ad valorem. In accordance with Statistical Note 1 to Chapter 91, all individually named components, even if not included in the shipment, must be identified even if the quantity is determined to be zero. In your letter, you requested classification under subheading 9817.00.9600, HTSUS, which provides, in relevant part, for “articles specifically designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons.” We disagree with this proposed classification. The item is not “specifically designed or adapted” for the hearing-impaired and can be used by the general public, so that it lacks the characteristics “that create a substantial probability of use by the chronically handicapped” and is not “easily distinguishable from articles useful to the general public,” to the extent that the “use thereof by the general public is so improbable that it would be fugitive.” See Implementation of the Nairobi Protocol, T.D 92-77, Customs Bulletin & Decisions Volume 26, 1992. Specifically, the alarm clock does not possess any unique significant features that make them unlikely for use by the general public. The vibration and flashing beams are features increasingly found in alarm clocks designed for heavy sleepers. In addition, this alarm clock is not marketed and sold exclusively to the hearing-impaired community, as evidenced by the company’s website and retail box. The website states “Best Alarm Clock for Heavy Sleepers & Deaf,” and by the retail box which states “Strong Vibrating Alarm Wakes Up Even the Deepest Sleepers.” Online reviews of the item confirm use by public. All these points demonstrate that this item is not easily distinguishable from articles useful to non-handicapped individuals. Therefore, the classification under subheading 9817.00.96, HTSUS, would not apply to the vibrating alarm clock. The duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/. This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs. For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on the Trade Remedy/IEEPA page at https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection Regulations (19 C.F.R. 177). Sincerely, (for) James Forkan Designated Official Performing the Duties of the Division Director National Commodity Specialist Division