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HQ 966627




September 5, 2003

CLA-2: RR:CR:GC 966627 TPB

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.45

James F. O’Hara
Stein Shostak Shostak & O’Hara
Suite 1200
515 South Figueroa Street
Los Angeles, CA 90071

RE: 43-Inch Gas Plasma Display Monitor; HQ 966025

Dear Mr. O’Hara,

On July 22, 2003, Customs and Border Protection issued to you Headquarters Ruling Letter (HQ) 966025, which classified a Pioneer 50-inch gas plasma display monitor (Model PDP-503CMX) in subheading 8471.60.45, Harmonized Tariff Schedule of the United States (HTSUS), as a display unit for automatic data processing (ADP) machines.

You have also requested on behalf of Pioneer Electronics (U.S.A.), Inc. classification of a Pioneer 43-inch gas plasma display monitor (Model PDP-433CMX).

FACTS:

The Pioneer PDP-433CMX is a 43-inch gas plasma display monitor which is identical in all respects with the PDP-503CMX described in HQ 966025 (attached), with the exception of the viewable area on the PDP-433CMX is 43 inches, while that of the PDP-503CMX is 50 inches.

HQ 966025 determined that although Customs has previously classified gas plasma displays under heading 8528, HTSUS, the specific facts relevant to the PDP-503CMX determined that it was classifiable under heading 8471, HTSUS. The LAW AND ANALYSIS section of HQ 966025 sets forth Customs position regarding that particular model and the distinguishing factors which prescribed classification under heading 8471, HTSUS.

The analysis applied in HQ 966025 also applies here with respect to the classification of the PDP-433CMX. The LAW AND ANALYSIS section of HQ 966025, and the cautions contained therein, are hereby incorporated by reference.

HOLDING:

For the reasons indicated above, the PDP-433CMX is classified under subheading 8471.60.45, HTSUS, which provides for: “Automatic data processing machines and units thereof: Input or output units, whether or not containing storage units in the same housing: Other: Display Units: Other: Other.”

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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