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NY N015751





August 30, 2007

CLA-2-85:RR:E:NC:N1:112

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.70.9650

Shelly Hess
Station Manager
IJS Global Inc
12480 NE Marx Street
Portland, OR 97230

RE: The tariff classification of “The Time Machine TV/Video/DVD” and “The Time Machine PC” from China

Dear Ms. Hess:

In your letter dated August 14, 2007, on behalf of International Sourcing Group LTD, you requested a tariff classification ruling.

The first item concerned is referred to as “The Time Machine TV/Video/DVD”. This device is a timed, audio/video blocking mechanism. Its purpose is to limit the amount of time a child spends playing video games, watching television or watching DVDs. To use, the television “cable” antenna or the audio/video output cables from one of the intended devices, is plugged into the back of this unit. Then a cable(s) from this unit is connected to the TV. Once connected, a child must insert a specialized token in order to watch television, play video games or watch a DVD. Each token is worth 30 minutes of playing/watching time. This device blocks the audio and video signals from the “cable” antenna, video game, or DVD from reaching the television monitor. Once the special tokens are inserted this unit allows the particular video and audio signal through to the television monitor. The audio/video and input/output connection panel of this device is within a locked compartment, and requires a key to gain access. This prevents a child from bypassing the “Time Machine TV/Video/DVD”. The unit comes with 30 specialized tokens, all necessary cables and an AC power adapter.

The second item concerned is referred to as “The Time Machine PC”. This device works similarly to the “Time Machine TV/Video/DVD”, except that it is for use with a personal computer. This device is a timed locking mechanism, used to limit the amount of time a child spends using a computer. The video output cable from a computer is connected to the “Time Machine PC”. Then a video output cable from the “Time Machine PC” is connected to a computer monitor. In operation, this device blocks the video signal from the computer from reaching the monitor. A child must insert specialized tokens in order to utilize the computer. Once the special tokens are inserted, this unit allows the computer’s video signal through to the monitor. Each token allows for 30 minutes of use. The video input/output panel of the “Time Machine PC” is within a locked compartment and requires a key to gain access. This unit comes with 30 specialized tokens, all necessary cables and an AC power adaptor.

Regarding the “Time Machine PC”, you proposed classification under subheading 8473.30.5100, Harmonized Tariff Schedule of the United States (HTSUS) which provides for “Parts and accessories suitable for use solely or principally with machines of heading 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other”. The device in question does not actually “communicate” with the computer’s CPU. It serves merely to interrupt/halt the video signal after it passes from the computer’s CPU, on its way to the monitor. There is no interaction/communication between the computer’s CPU and the “Time Machine PC”. As such, the “Time Machine PC” would not fall under subheading 8473.30.5100 of the Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for both units, “The Time Machine TV/Video/DVD” and “The Time Machine PC”, will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus: Other machines and apparatus: Other: Other: Other: Other”. The rate of duty will be 2.6%.

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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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