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NY K88695




August 16, 2004
CLA-2-85: RR: NC: 1:108 K88695

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.19.5035

Mr. Craig VerPault
CVS/ pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a battery operated radio from China.

Dear Mr. VerPault:

In your letter dated August 11, 2004, on behalf of your client CVS, you requested a tariff classification ruling.

The item in question is a battery operated radio denoted as the AM/FM Mini Radio Boom Box with Dual Speakers. It is specified as CVS item number 250699.

This is a portable battery operated miniature AM/FM radio with two built-in speakers and a headphone jack (sample provided). It has on/off and volume control knobs and it operates on four AA batteries. It is a functional radio broadcast receiver used for listening to radio broadcasts. It does not have either a clock or any incorporated sound reproducing or recording apparatus.

The applicable subheading for the mini boom box AM/FM battery operated radio will be 8527.19.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Other: Other FM only or AM/FM only. The rate of duty will be 3 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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