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NY K86931




June 10, 2004
CLA-2-85: RR: NC: 1:108 K86931

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.12.6201

Ms. Jill Simmons
ITO
9551 William Aiken Road
Ladson, SC 29456

RE: The tariff classification of a LCD TV/radio with DVD player from Hong Kong.

Dear Ms. Simmons:

In your letter dated May 27, 2004, on behalf of your client Belk Stores, you requested a tariff classification ruling.

The item in question is denoted as a 5” color TFT LCD television/radio with a DVD player. All are incorporated in a single housing. All of the components are fully functional as commercially designated. The color television is capable of receiving NTSC television broadcast signals and displaying them for viewing by the user. The radio is an AM/FM stereo radio capable of receiving radio broadcasts for listening by the user and the DVD player allows the user to view inserted video DVDs on the television screen.

You have proposed a classification under HTS provision 8528.12.12. This is however incorrect for this provision covers televisions with a cathode ray tube. This particular television employs LCD technology and does not contain a cathode ray tube. Therefore classification will be in a more appropriate HTS provision.

The applicable subheading for the combined color LCD television/radio with a DVD player will be 8528.12.6201, 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: Reception apparatus for television, whether or not incorporating radiobroadcast receivers or sound or video recording or reproducing apparatus: Color: With a flat panel screen: Incorporating video recording or reproducing apparatus: With a video 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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