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

Mr. John M. Peterson
Neville Peterson LLP
Counsellors at Law
17 State Street, 19th Floor
New York, NY 10004

RE: The tariff classification of a Sonos “Play:3” (also known as the “Play:3” ZonePlayer) from an unspecified country

Dear Peterson:

In your letter dated November 22, 2011, you requested a tariff classification ruling on behalf of your client, Sonos, Inc.

The merchandise subject to this ruling is a Sonos “Play:3”. It is also known as the “Play:3” ZonePlayer. The Sonos “Play:3” allows the user to wirelessly stream data, including digital music files and related metadata in multiple locations.  It allows files to be played from storage on a personal computer or network storage facilities and also allows the user to play songs from select music services without ripping downloading or personal computer interaction required. 

The Sonos “Play:3” does not have any capability of recording, storing or playing back digital sound files. It also cannot operate without a connection to a network into which Sonos network control software has been loaded.

The Sonos S ZonePlayer (also known as the Play:5), which was ruled upon in New York Ruling N083076 within subheading 8517.62.0050, is identical to the Sonos “Play:3” in all respects other than size and the number of amplifiers incorporated.

The applicable subheading for the Sonos “Play:3” (also known as the “Play:3” ZonePlayer) will be 8517.62.0050, 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): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: 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 M. Hackett at (646) 733-3015.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division