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NY N009462





April 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.59.1500

Mr. Mike Bartlett
American Shipping Company, Inc.
400 Oceangate, Ste. 1106
Long Beach, CA 90802

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

Dear Mr. Bartlett:

In your letter dated March 26, 2007, on behalf of CEIVA Logic, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The subject merchandise, based on the submitted sample and literature, is known as the CEIVA® Digital Photo Frames™ (model numbers LF4007 and LF4008) that have 7-inch and 8-inch color LCD display screens, respectively. It is stated that these photo frames, being Wi-FI and broadband ready, support most memory card formats in noting their capability of rotating and deleting photos as well as displaying full-color slideshows without a computer. These devices can operate with CEIVA’s optional PicturePlan service, which allows the user to receive photos from around the world when connected to its network; furthermore, this merchandise has the capability of receiving photos from a camera phone or from anywhere on line.

Each digital photo frame is noted to be packaged with an AC power supply, a phone extension cord, a dual phone splitter, an owner’s guide, a quick start guide, and interchangeable plastic black and wood-like frontal frames. At the time of importation, this merchandise will be put up in a manner suitable for sale directly to users without repacking and, moreover, will be considered a set for tariff classification purposes with its essential character being imparted by the digital photo frame.

The applicable subheading for these digital photo frames 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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