HQ 0089870 - LCD monitor; Heading 8528; EN 85.28(2); EN 85.28(5); Antidumping Duty Order A-588-817. - United States International Trade Commision Rulings

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HQ 089870

September 11, 1991

CLA-2 CO:R:C:M 089870 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.10.80

Mr. Bruce H. Leeds
Manager, Export/Import Operations
Avicom International c/o Hughes Aircraft Company
Export/Import Operations, M/S B112
P.O. Box 45066
Los Angeles, CA 90045

RE: LCD monitor; Heading 8528; EN 85.28(2); EN 85.28(5); Antidumping Duty Order A-588-817.

Dear Mr. Leeds:

This is in reply to your letter of April 23, 1991, requesting the tariff classification and applicability of any dumping or countervailing duties on liquid crystal display (LCD) monitors from Japan.

FACTS:

The subject articles are various types of color LCD monitors used in airliner cabins. They display a video image representing a signal sent from a video cassette recorder. A passenger can select a variety of motion picture or other video entertainment programs on the monitor by using a tuner located in the armrest. All three monitors have a pixel count above 120,000.

ISSUE:

Whether the subject monitors are properly classifiable within subheading 8528.10.80, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other television receivers.

LAW AND ANALYSIS:

Heading 8528, HTSUSA, provides for "[t]elevision receivers (including video monitors and video projection television receivers) . . ." The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) to heading 85.28, p. 1378, provide that this heading includes "[v]ideo monitors which are receivers connected directly to the video camera or recorder by means of co-axial cables, so that all high frequency circuits are eliminated." ENs 85.28(5). This heading also includes television apparatus for mounting in aircraft. ENs 85.28(2). The subject monitors satisfy the above descriptions. They receive video signals from a VCR by means of co-axial cables and do not have a tuner or any other means of receiving a video signal. They are also for mounting in aircraft. Accordingly, the subject LCD monitors satisfy the terms of this heading. More specifically, the monitors are provided for within subheading 8528.10.80, HTSUSA, as other television receivers.

Based on the information submitted, the subject monitors may be subject to Antidumping Duty Order A-588-817 which deals with high information content flat panel displays from Japan. 56 Fed. Reg. 32376 (July 16, 1991). Any questions regarding this issue should be addressed to Karmi Leiman or Joel Fischl, Office of Antidumping Investigations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 377-4198 or 377-1778, respectively.

HOLDING:

The LCD monitors are properly classifiable within subheading 8528.10.80, HTSUSA, which provides for other television receivers currently dutiable at the General Column 1 rate of 5 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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