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NY N014425




August 10, 2007

CLA-2-85:RR:E:NC:N1:109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.69.0000

Mr. John R. Hammer
President
CastGrabber, LLC
6507 Wilkins Avenue
Pittsburgh, PA 15208

RE: The tariff classification of a CastGrabber from China

Dear Mr. Hammer:

In your letter dated July 17, 2007, you requested a tariff classification ruling.

The merchandise subject to this ruling is a CastGrabber. The CastGrabber downloads free legal serially syndicated Podcast (MP3) files from the Internet to an MP3 player without the use of a computer. The CastGrabber transmits Podcasts, not radiobroadcasting nor television signals. A Podcast is a digital media file that is distributed over the Internet using syndication feeds for playback on media players or computers.

The CastGrabber connects to a power outlet, Ethernet network, and an MP3 player via the player’s USB cord. Upon plugging an MP3 player into the CastGrabber, the CastGrabber automatically downloads media directly from Internet servers to a portable MP3 player without any human intervention. It also charges the MP3 player via current provided over the USB per the dictated standard and synchronizes media files on a PC via iTunes or other software.

The CastGrabber will be imported in retail packages ready for retail sale. Each retail package will contain the CastGrabber, an Ethernet cord, CDROM with PC software, an AC/DC power supply, an instruction book, and cardboard interior packaging. The essential character of this merchandise is the CastGrabber, which is a transmission device.

The applicable subheading for the CastGrabber will be 8517.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Other.” 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 Linda Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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