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NY R04309




July 19, 2006

CLA-2-85:RR:NC:1:108 R04309

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.21.5501; 8528.21.6001

Ms. Kim Layun
Niointernational
26 Overlook Drive
Farmingville, NY 11738

RE: The tariff classification and marking of digital and video photo frames from China.

Dear Ms. Layun:

In your letter dated June 28, 2006, you requested a tariff classification ruling.

The subject merchandise consists of several freestanding-tabletop digital and video photo frames, not containing tuners, which are stated to be NTSC formatted. They consist of the following merchandise:

Model numbers DPF8K1 and DPF8E1 have 8-inch (20.32 cm) color-display screens that are designed to display digital pictures, view mpeg video movies, and listen to MP3 music; in this regard, these devices are compatible with compact flash cards, secure digital cards, and multimedia cards in noting that model DPF8K1 is also compatible with microdrive cards, memory sticks, smart media cards, and XD memory cards.

Model number DPF10K has a 10-inch (25.4 cm) color-display screen that is designed to display digital pictures, view mpeg video movies, and listen to MP3 music; in this regard, the device is compatible with compact flash cards, memory sticks, multimedia cards, smart media cards, secure digital cards, microdrive cards, and XD memory cards.

Model number DFP15K has a 15-inch (38.1 cm) color-display screen that is designed to display digital pictures and view mpeg video files; in this regard, the device is compatible with compact flash cards, secure digital cards, multimedia memory cards, memory sticks, microdrive cards, smart media cards, and XD memory cards.

Model number DFP7J has a 7-inch (17.78 cm) color-display screen that is indicated to be designed to display digital pictures and is noted to be compatible with compact flash cards, secure digital cards, multimedia cards, smart media cards, memory sticks, microdrive cards, and XD memory cards.

It is stated that the screens of this merchandise originate in either South Korea, Taiwan, or Japan and then are shipped to China, where they are further manufactured, with Chinese materials, into the finished photo frames, thereby creating articles of Chinese origin. There were submitted neither samples nor illustrative photos depicting how this merchandise will be marked, although it was stated that this merchandise would be marked “Made in China.”

The applicable subheading for the digital and video photo frames, model numbers DPF8K1, DPF8E1 and DPF10K, 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 34.29 cm. The rate of duty will be free.

The applicable subheading for the digital and video photo frame, model number DPF15K, will be 8528.21.6001, 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: Other. The rate of duty will be 3.9 percent ad valorem.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on the digital photo frame, model number DFP7J. Your request for a classification ruling should include the following: a sample of this digital photo frame; an explanation as to what it means for this article to be NTSC formatted; and a statement whether this digital photo frame is capable of being connected to such operating devices as a video cassette recorder, a digital video recorder, or a DVD recorder and an explanation as to how that is accomplished. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

In regard to the marking of this merchandise, the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The subject merchandise, which will be marked “Made in China,” will be considered to be an acceptable country of origin marking when it is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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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