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NY F86531




May 4, 2000

CLA-2-85:RR:NC:1:108 F86531

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5045

Mr. James L. Sawyer
Katten/Muchin/Zavis
525 West Monroe St.
Suite 1600
Chicago, IL 60661-3693

RE: The tariff classification of the Command Audio-on-Demand Receiver (“CAR”) from China.

Dear Mr. Sawyer:

In your letter dated April 21, 2000, on behalf of your client Thompson Consumer Electronics, Incorporated you requested a tariff classification ruling.

The item in question is denoted as a Command Audio-on- Demand Receiver (“CAR”). The “CAR” is a battery operated hand held device which is 6 1/2” x 3” x 1” equipped with a retractable antenna and functional control buttons on its face. It is specifically designed to allow its user to receive and play digitally broadcast programs. The programs received by the device are broadcast by radio sub-carriers by electromagnetic waves through the ether, without any line connection, on portions of the FM spectrum which are otherwise unoccupied by analog broadcasts.

The “CAR” user subscribes to a radio broadcast service provider in order to receive the radio broadcasts. This device is able to receive digital radio broadcast programs. It allows the user to listen to such broadcasts and to store up to six hours of these broadcasts on the flash memory cards for playback at a later time. The device incorporates three operational modes: play only, receive only and simultaneous play/receive.

The applicable subheading for the Command Audio-on-Demand Receiver (“CAR”) will be 8527.19.5045, 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: Other. The rate of duty will be 3 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 212-637-7039.

Sincerely,

Robert B. Swierupski
Director,

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