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NY J89305




September 23, 2003

CLA-2-85:RR:NC:1:108 J89305

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.21.5501

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

RE: The tariff classification of a portable DVD player with monitor from China.

Dear Mr. Sunakoda:

In your letter dated September 4, 2003, on behalf of your client Nissho Iwai American Corporation, you requested a tariff classification ruling.

The item in question is a portable DVD player with a 5-½ inch LCD color monitor. The item comes with a fitted case. The device is designed for use within an automobile. The user can play DVD movies as well as VCDs, CDs, CD-Rs, CD-RWs and MP3 formatted discs. The device cannot record any video nor does the monitor contain a tuner. The monitor also houses two two-watt 8ohm full range speakers. The carrying case is constructed of 600D polyester material and contains padding to protect the player. It is made to the specific dimensions and fit of the DVD player. It is designed to be mounted onto an automobile sets for passenger viewing. It also has the necessary openings for the power cord and audio/video cables.

Based upon HQ Ruling 964149 this office considers the carrying case, when imported with the DVD player with monitor, to be a GRI 5(a) container.

The applicable subheading for the portable DVD player with color monitor will be 8528.21.5501, 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: Video monitors: Color: With a flat panel screen: Incorporating video recording or reproducing apparatus: With a display diagonal not exceeding 34.29cm. The rate of duty will be free.

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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