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NY R01159




December 22, 2004

CLA-2-85: RR: NC: 1:108 R01159

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.21.5501

Mr. Troy D. Crago
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a digital photo frame from China.

Dear Mr. Crago:

In your letter dated December 6, 2004 you requested a tariff classification ruling.

The item in question is a digital photo frame denoted as model number C017NA00013. This self contained device is configured with a 5.6” LCD NTSC formatted display screen and an adaptor slot for the insertion of SD, compact flash and MMD cards. The device will display digital photos and video as well as MP3 music playback. It can be connected to a video camera or PC via an s-video cable for video displays. The device does not have any photographic or video recording capability. The video images are displayed directly onto its LCD NTSC formatted screen. It is not designed to only reproduce images and sound directly on a television receiver.

You have indicated a possible classification under HTS subheading 8521.90 as a video reproducing device. Classification under this provision is precluded by the requirements of EN 85.21.

The applicable subheading for the digital photo frame will be 8528.21.5501, 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: Video monitors: 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 646-733-3104.

Sincerely,

Robert B. Swierupski
Director,

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