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NY K87836

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July 29, 2004
CLA-2-85:RR:NC:MM:109 K87836

CATEGORY: CLASSIFICATION

TARIFF NO.: 8518.29.8000

Mr. Jeffrey St. John
Operations Manager
Star Micronics America, Inc.
1150 King Georges Post Road
Edison, NJ 08837-3729

RE: The tariff classification of a SCG-16C-CS Speaker from China

Dear Mr. St. John:

In your letter dated July 12, 2004, you requested a tariff classification ruling.

The merchandise subject to this ruling is the SCG-16C-CS Speaker. A sample of this item was submitted along with your request. The SCF-16C-CS Speaker is a single speaker utilized in a cellular telephone. It is not within an enclosure, but is within a housing. It has a frequency range of 800Hz to 3.2kHz. The diameter of the speaker is 16mm.

You suggested Harmonized Tariff Schedule (HTS) subheading 8518.29.4000, which provides for “Loudspeakers, whether or not mounted in their enclosures: Other: Without housing, having a frequency range of 300Hz to 3.4 kHz with a diameter of not exceeding 50 mm, for telecommunication use.” However, the SCG-16C-CS Speaker is within a housing and has a frequency range other than 300Hz to 3.4kHz, its frequency range is 800Hz to 3.2kHz. Therefore, subheading 8518.29.80, which provides for “Loudspeakers, whether or not mounted in their enclosures: Other: Other” is more appropriate.

The applicable subheading for the SCG-16C-CS Speaker will be 8518.29.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Loudspeakers, whether or not mounted in the same 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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See also:

• Tariff No.: 8518.29.40 - Loudspeakers not mounted in their enclosures, with frequency range of 300Hz to 3.4kHz, with a diameter not over 50 mm, for telecommunication
• Tariff No.: 8518.29.80 - Loudspeakers nesoi, not mounted in their enclosures, nesoi