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NY H89994




April 2, 2002

CLA-2-85:RR:NC:1:108 H89994

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5035
Mr. Daniel Shapiro
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a battery powered FM radio from China.

Dear Mr. Shapiro:

In your letter dated March 28, 2002, on behalf of your client Avon Products, Inc. you requested a tariff classification ruling.

The item in question is a portable; battery powered FM radio only designed for the reception of radiobroadcasts. The radio measures approximately 2 ½ inches in length and 2 ¼ inches in width. It is housed in a rigid plastic casing. It has controls for on/off, volume, scanning and to reset the frequency to FM 88Mhz. The item functions as a FM only radiobroadcast receiver that can operate without an external source of power. The item is denoted with a product profile number (PP) as #1011844.

The applicable subheading for the FM only battery powered radio # 1011844 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 FM only or AM/FM only. 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 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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