CLA-2-85:OT:RR:NC:N4:108

Mr. Elon A. Pollack
Stein Shostak Shostak Pollack and O’Hara, LLP.
865 S. Figueroa Street
Suite 1388
Los Angeles, CA 90017

RE: The tariff classification of monitors from China. Correction to Ruling Number N273302.

Dear Mr. Pollack:

This replaces Ruling Number N273302, letter dated February 16, 2016, which contained a clerical error. This ruling identifies one model as “P60-D1” rather than “M60-D1.” A complete corrected ruling follows.

In your letter dated February 16, 2016, on behalf of Vizio, Inc., you requested a tariff classification ruling.

The merchandise under consideration is the Vizio M Series Home Theater Display monitors with diagonal screen sizes between 50 inches and 80 inches, model numbers M50-D1, M55-D0, M60-D1, M65-D0, M70-D3, and M80-D3. These LED-backlit color LCD monitors include the following connections: HDMI inputs, component video input, Ethernet input, USB, analog audio out, and digital audio out. Additionally, these M Series monitors can reproduce video through a USB memory device. Moreover, these monitors, which are imported without television tuners or channel selectors, are designed to be used with an automatic data processing machine of heading 8471, and as imported can display, process and transmit a clear image from an ADP machine as well as video images from set top boxes, cameras, DVD players, Blu-ray players, et cetera. The subject monitors are not capable of receiving a television signal.

The subject monitors will be retail packed, at the time of importation, with their accessories, including a tablet remote control, a remote control charger, a display stand, cables and a Quick Start Guide. This merchandise is considered to be a set for tariff classification purposes, with the essential character being imparted by the monitor.

The applicable subheading for these monitors, when imported without a television tuner or channel selector, will be 8528.59.2100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Monitors and projectors, not incorporating television reception apparatus;…: Other monitors: Other: Color: With a flat panel screen: Incorporating video recording or reproducing apparatus: Other: Flat panel display devices designed for use with an automatic data processing machine, as defined in additional U.S. note 13 to chapter 85. 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 [email protected].
Sincerely,

Deborah C. Marinucci
Acting Director
National Commodity Specialist Division