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NY K80470




November 20, 2003
CLA-2-85:RR:NC:MM:109 K80470

CATEGORY: CLASSIFICATION

TARIFF NO.: 8518.29.8000

Ms. Debbie West
Primo Microphones, Inc.
1805 Couch Drive
McKinney, Texas 75069

RE: The tariff classification of a speaker enclosed in a molded plastic housing from Singapore

In your letter dated October 9, 2003, you requested a tariff classification ruling.

The merchandise subject to this ruling is referred to in your request as a DH60ESA Speaker. It is used in telephone handsets. The speaker is described in your letter as being enclosed in a molded plastic housing. An examination of the submitted sample revealed that the speaker is, in fact, enclosed in a molded plastic housing and surrounded by a partial metal covering.

In an initial ruling request (NY J88070) for the classification of the DH60ESA speaker, HTSUS 8518.29.4000 was suggested. HTSUS 8518.29.4000 provides for “LoudspeakersOther: Without housing, having a frequency range of 300 Hz to 3.4 kHz with a diameter of not exceeding 50 mm, for telecommunication use. The DH60ESA Speaker does not qualify for that tariff classification because it is not without housing. As such, 8518.29.4000 is not applicable. The SH60ESA Speaker is enclosed in a molded plastic housing and is classifiable within subheading 8518.29.80.

The applicable subheading for the DH60ESA Speaker, will be 8518.29.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Loudspeakers, whether or not mounted in their enclosures: Other: Other.” The rate of duty will be 4.9 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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