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NY L82187




January 25, 2005

CLA-2-85: RR: NC: 1:108 L82187

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.12.9700, 8528.12.6201

Mr. Robert Stang, Esq.
Greenberg Traurig
800 Connecticut Avenue, NW
Suite 500
Washington, D.C. 20006

RE: The tariff classification of DVD player docking station from various countries.

Dear Mr. Stang:

In your letter dated January 12, 2005, on behalf of your client Petters Consumer Brands, you requested a tariff classification ruling.

The item in question is a docking station designed for use with a portable DVD player. It is denoted as model ADS-1000. Your request covers the prospective importation of this item under two different scenarios. First being imported as a single item of commerce. Secondly being imported together with a portable DVD player.

The docking station is a device that contains a cable ready TV tuner capable of providing, through reception and demodulation, 181 television broadcast channels for direct viewing. It also incorporates a battery charger for the DVD player, RF antenna input, an alarm clock, audio/video input and output and a VFD display. It is compatible with the Polaroid new 2005 7”, 8”, 9” and 10” portable DVD players. Once connected to the DVD player it provides the user with 181 channels of television broadcast programming thus transforming the DVD player into a portable television receiver.

You have indicated a possible classification of the ADS-1000 docking station under HTSUS provision 8543.89.9695 as an electrical article not specified or included elsewhere within chapter 85. It is the opinion of this office that this particular docking station is more specifically provided for within HTS heading 8528. Classification will be accordingly.

Legal Note 4 of Section XVI, HTS, provides “Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings of chapter 84 or chapter 85, then the whole falls to be classified in the heading appropriate to that function.”

In the opinion of this office the configuration of the docking station and portable DVD player conforms to Legal Note 4, Section XVI of the Harmonized Tariff Schedule of the United States and is considered a functional unit. Together they contribute to the function of receiving and viewing television broadcast programming directly on the video monitor of the DVD player. Classification will be accordingly.

The applicable subheading for the docking station, imported individually, will be 8527.12.9700, 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: Other: Other: Other: Other. The general rate of duty will be 5 percent ad valorem.

The applicable subheading for the docking station and DVD player, imported together, 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 646-733-3104.

Sincerely,

Robert B. Swierupski
Director,

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