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NY K84903




April 8, 2004
CLA-2-85: RR: NC: 1:108 K84903

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.20.9080

Mr. David Landis
Access International, Inc.
3059 NW Montara Loop
Portland, OR 97229

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

Dear Mr. Landis:

In your letter dated March 29, 2004 you requested a tariff classification ruling.

The item in question is described as an AM/FM receiver/transmitter. It is designed to both receive and subsequently transmit audio signals from an MP3 player. The device attaches to an MP3 player, receives the selected audio file and further transmits the data wirelessly as a FM transmission to a radio broadcast receiver. It is designed to allow the user to listen to MP3 audio files on either a tabletop or car radio.

You have indicated possible classification under HTS provision 8525.10.9045. It is the opinion of this office that another provision is more specific for this device. Although it is primarily designed to transmit it has reception capability. Classification will be accordingly.

The applicable subheading for the AM/FM receiver/transmitter will be 8525.20.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus, television cameras; still image video cameras and other video camera recorders; digital cameras: Transmission apparatus incorporating reception apparatus: Other Other. 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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