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NY N009026




April 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.59.1500

Ms. Lorrie Heavey
ATE Logistics, Inc.
855 South 192nd Street, Ste. 900
Seattle, Washington 98148

RE: The tariff classification of a video monitor from China.

Dear Ms. Heavey:

In your letter dated March 19, 2007, on behalf of Clever Innovations, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a battery-operated color video monitor, referred to as the “Shelf Vision” display unit, which is used as a point of purchase advertising device. This device has a plastic housing and a LCM (TFT) flat panel screen with a 3 ½ - inch diagonal display; it is incorporated with integrated motion sensors, a built-in speaker with three volume settings, an integrated clamp at its rear, and a top-frontal push-down mechanism. It is stated that this device can be loaded with video playback and sound, which are activated by the motion sensors upon the approach of the consumer or when the consumer presses the push button. It is noted that the video and audio programming can be uploaded by a SD card or a portable PC through ports located at the bottom of the unit and under the battery compartment.

You claim that this apparatus should be classified under subheading 9013.80.7000, Harmonized Tariff Schedule of the United States, HTSUS, which provides for Liquid crystal devices not constituting articles provided for more specifically in other headingsOther devices, appliances and instruments: Flat panel displays other than for articles of heading 8528. However, based on its construction, this device has been determined to function as a video monitor that is more specifically provided in another heading of the tariff, thereby precluding consideration of classification under subheading 9013.80.70, HTS.

The applicable subheading for this video monitor will be 8528.59.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: Other monitors: Other: 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.

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 Lisa Cariello at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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