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NY H85037




August 21, 2001

CLA-2-85:RR:NC:1:108 H85037

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.12.4000

Ms. Madeline B. Kuflik
Panasonic
One Panasonic Way, 3B-6
Secaucus, New Jersey 07094

RE: The tariff classification of projection type televisions from Mexico.

Dear Ms. Kuflik:

In your letter dated August 8, 2001, on behalf of your client Matsushita Television and Network Systems Company, you requested a tariff classification ruling.

The items in question are widescreen projection type television/monitor sets. They are denoted as model numbers PT-47WX52F, PT-56WX42F, PT-56WX52F and PT-65WX52F.

Each model type is a rear projection type with a cathode-ray tube, a screen aspect ratio of 16:9 and two analog tuners. One tuner is designed for the reception of analog television broadcast signals for main viewing and the other is for the “picture in picture” feature. It is indicated that each model type cannot, at the time of importation, display high definition television signals. This can only be accomplished through a connection with a separate unit known as a HDTV Digital Receiver. The HDTV Digital receiver is sold separately and is not contained either within the television sets per se or imported in the same container. This separate unit is designed to receive and decode digital TV signal formats and thus enable one to view digital broadcast programming on an analog television/monitor.

Additional U.S. Note 8 to chapter 85 provides the following:

For the purposes of this chapter, references to “high definition” as it applies to television receivers and cathode-ray tubes refer to the articles having:

(a) a screen aspect ratio equal to or greater than 16:9; and

(b) a viewing screen capable of displaying more than 700 scanning lines.

Although these particular models due have a screen aspect ratio of 16:9 they cannot display more that 700 scanning lines without the optional use of an additional HDTV Digital Receiver. They do not conform to the requirements of “high definition” and therefore will be classified accordingly.

The applicable subheading for the above referenced models of widescreen, projection type televisions will be 8528.12.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for television, whether or not incorporating radiobroadcast receivers or sound or video recording or reproducing apparatus: video monitors and video projectors: Reception apparatus for television, whether or not incorporating radiobroadcast receivers or sound or video recording or reproducing apparatus: Color: Non-high definition, projection type, with a cathode-ray tube: Other. The general rate of duty will be 5 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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