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NY B89735




September 29, 1997

CLA-2-85:RR:NC:1:108 B89735

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.30.9005; 8524.39.4000; 8524.99.6000

Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd. Suite 728
Long Beach, CA 90802

RE: The tariff classification of "Genius Internet Video Kit" from Taiwan.

Dear Ms. Denny:

In your letter dated September 17, 1997, you requested a tariff classification ruling on behalf of your client, Kye International Corp. A sample was submitted.

The "Genius Internet Video Kit" is a desktop video conferencing package containing a "Video Wonder" advanced PCI-bus Plug & Play video capture card, a "VideoCam" NTSC standard analog color 1/4-inch CCD camera with camera base and ball screw, an MIC-01 omni-directional desktop multimedia microphone with stand, VDOPhone video conferencing software consisting of a 3.5-inch "Video Utilities" floppy diskette, "VDOPhone" CD-ROM disc and "VideoLink Mail" CD-ROM disc, cable accessories, and user's manual. This is a Windows 95 video conferencing package which supports real-time video conferencing communication over regular telephone lines, Internet, ISDN, LAN, and TCP/IP-based network. The provided software allows viewing and capturing of live or still video images through the "VideoCam" CCD camera and sound through the MIC-01 microphone. The captured video and audio messages can be stored for future application. The components are put up together as a set for retail sale in a cardboard box with cellophane wrapping.

The applicable subheading for the "Genius Internet Video Kit" will be 8525.30.9005, Harmonized Tariff Schedule of the United States (HTS), which provides for "[t]ransmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other video camera recorders: [t]elevision cameras: [o]ther...[c]olor." The rate of duty will be 2.9 percent ad valorem.

By force of HTS Chapter 85, Note 6, the applicable subheading for the 3.5-inch "Video Utilities" floppy diskette will be 8524.99.6000, HTS, which provides for "[r]ecords, tapes and other recorded media for sound or other similarly recorded phenomena...: [o]ther: [o]ther: [f]or reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded media." The rate of duty will be 2.6 cents per square meter of recording surface.

By force of HTS Chapter 85, Note 6, the applicable subheading for the "VDOPhone" and "VideoLink Mail" CD-ROM discs will be 8524.39.4000, HTS, which provides for "[r]ecords, tapes and other recorded media for sound or other similarly recorded phenomena...: [d]iscs for laser reading systems: [o]ther: [f]or reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs." The rate of duty will be 2.8 percent ad valorem.

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 Harvey Kuperstein at 212-466-5672.

Sincerely,

Robert B. Swierupski
Director,

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