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NY N021903




January 30, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8523.40.4000

Mr. Larry Ordet
Sandler, Travis & Rosenberg, P.A.
Attorneys at Law
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of an automotive navigation kit from Taiwan.

Dear Mr. Ordet:

In your letter dated January 7, 2008, on behalf of Garmin International, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information and sample, is an automotive navigation kit, which consists of MapSource-mapping software incorporated within a CD-ROM. This software, which provides roadmaps and turn-by-turn instructions for all North America, as well as data and sound, is designed to be downloaded on the purchaser’s computer and then downloaded onto a previously purchased GPS unit via an USB data port. Moreover, this kit includes various automotive mounting components and a 12-volt adapter cable, as well as a mounting-bracket installation-instruction sheet and a user’s guide for the mapping software. It is stated that this merchandise is put up in a manner suitable for sale directly to users without repacking.

This automotive navigation kit allows handheld GPS units, the eTrex Legend C GPS Navigator and the eTrex Vista C GPS Navigator, which are designed for the hiker, cyclist, et cetera, to function as automotive GPS units. In noting the relationship of these components, which are classified under different headings and packaged as above to meet a particular need, the subject automotive navigation kit is considered to be a set for tariff classification purposes with the essential character being imparted by the navigation software.

The applicable subheading for this automotive navigation kit will be 8523.40.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Discs, tapes, solid-state non-volatile storage devices, “smart cards” and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37: Optical media: Recorded optical media: Other: For reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. 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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