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NY I89057





December 13, 2002

CLA-2-85: RR: NC: 1:108 I89057

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.39.0040

Mr. Kent Sunakoda
James J. Boyle & Co.
Ocean Import & Export
2525 Corporate Place #100
Monterey Park, CA 91754

RE: The tariff classification of an AM/FM receiver from Japan.

Dear Mr. Sunakoda:

In your letter dated December 6, 2002, on behalf of your client Onkyo U.S.A. Corporation, you requested a tariff classification ruling.

The item in question is denoted as the Net-Tune “client” Receiver with Ethernet connection (model NC-500). The device is a fully functional AM/FM radio broadcast receiver that can only operate with an external source of power. It has a fully functional AM/FM tuner with an integrated two-channel amplifier. It has been indicated that it is fully capable of selection, amplification and detection. It has the necessary auxiliary inputs for the attachment of external devices such as a CD player, MiniDisc player or a cassette player. Based upon the furnished descriptive literature it does not contain a clock or clock timer. It also has an Ethernet portal for connection to an ADP unit. This feature allows the user to access a central music library, provided they install the appropriate software onto their ADP unit. It can also access Internet radio over Ethernet local area networks.

It is the opinion of this office, based upon the information provided that this item does not conform to Chapter 84, Note 5(B)(a) because it is not solely or principally used in an ADP system.

The applicable subheading for the Net Tune “client” receiver, model NC-500 will be 8527.39.0040, 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: Other radiobroadcast receivers, including apparatus capable of receiving also radiotelephony or radiotelegraphy; 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 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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