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NY D81191





September 9, 1998

CLA-2-85:RR:NC:1:108 D81191

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5035

Mr. Leigh A. Schmidt
KPMG
Box 10426
777 Dunsmuir St.
Vancouver BC V7Y 1K3 Canada

RE: The tariff classification of a radio receiving device from Canada.

Dear Mr Schmidt:

In your letter dated August 14, 1998, on behalf of your client e-zone Networks Inc. Ltd., you requested a tariff classification ruling.

The item is a radio receiver configured as a non-wired, battery operated headset. The item can be operated in conjunction with the "e-zone Tower" providing the user with audio reception from either a television broadcast, cassette tapes or compact disks (CD's) while exercising on stationary equipment. The headset can also operate anywhere as an FM radio receiver providing the user with a full range of FM radio broadcasts. The headset has an on/off switch, volume control and an antenna.

The applicable subheading for the headset radio receiving device will be 8527.19.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Other: Other ... Other: FM only or AM/FM only. The general rate of duty will be 3.6 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 Michael Contino at 212-466-5672.

Sincerely,

Robert B. Swierupski
Director,

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