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NY R04144





June 12, 2006

CLA-2-85: RR: NC: 1:108 R04144

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.21.5501

Mr. Layun Kim
Nio International
26 Overlook Drive
Farmingville, NY 11738

RE: The tariff classification of video photo frame from China.

Dear Mr. Kim:

In your letter dated June 7, 2006 you requested a tariff classification ruling.

The item in question is a digital photo frame denoted as item number HDPF-702. It is a freestanding tabletop device designed to display digital photos, view movie files and play MP3 music files. The pictures and video are viewed on a 7” active matrix LCD screen. The device displays the digital photos and video files from sources such as memory cards, compact flash cards, smart media cards, memory sticks, digital cards and multimedia cards. The item does not contain a tuner. NY Rulings R01291 and R01159 provided guidance in this matter. Classification will be accordingly.

The applicable subheading for the digital photo frame will be 8528.21.5501, Harmonized Tariff Schedule of the United States (HTSUS), 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 34.29cm. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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