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NY L87068





September 15, 2005

CLA-2-85:RR:NC:1:108 L87068

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.12.6801; 8528.12.6201

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of portable TV’s, combined with several devices, with remote control units from China.

Dear Mr. Hoffacker:

In your letter dated August 24, 2005, on behalf of The Singing Machine Co., Inc., you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, consists of the following items:
article number STO-916, known as the Color TFT 8” LCD TV, is comprised of a cable-ready 8-inch LCD television, which is capable of receiving NTSC, PAL and SECAM signals. This television is combined with an AM/FM radio and a weather-band radio; dual fluorescent lanterns and a removable flashlight; an emergency siren; dual dynamic speakers; a headphone jack; a thermometer; and a compass. It also includes a car adapter, as well as a separate RF remote control unit for the television.
article number STO-918, known as the Color TFT 8” LCD TV DVD Player, is comprised of a flip-up cable-ready 8-inch LCD television, which is capable of receiving NTSC, PAL and SECAM signals, with a DVD/CD/CD-R/CD-RW player. Further, this television is combined with an AM/FM radio and a weather-band radio; dual fluorescent lanterns and a removable flashlight; an emergency siren; dual dynamic speakers; a headphone jack; a thermometer; and a compass. It also includes a car adapter, as well as a separate RF remote control unit for the television and the DVD player.

This merchandise at the time of importation is put up in a manner suitable for sale directly to users without repacking. Further, this merchandise is considered to be sets for tariff classification purposes with the essential character being imparted by the TV’s.

The applicable subheading for the Color TFT 8” LCD TV, article number STO-916, will be subheading 8528.12.6801, 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: Other: With a video display diagonal not exceeding 34.29 cm. The rate of duty will be free.

The applicable subheading for the Color TFT 8” LCD TV DVD Player, article number STO-918, will be 8528.12.6201, 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 34.29 cm. 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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