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

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a sound-reproducing device from China.

Dear Mr. Crago:

In your letter dated May 6, 2008, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is a sound-reproducing device, which is referred to as the “Talking Bible,” item number A017HA00692. This portable, battery-operated device, which incorporates an NAND flash memory as well as a 512MB built-in memory, does not record but reproduces sound only. It has all the necessary buttons to play, pause and stop; to fast forward and backward; and to increase and decrease the volume. It also has a built-in earphone jack and a green/red LED indicator. At the time of importation, this device is retail packed with a stereo earphone and a user’s manual; moreover, this merchandise is considered to be a set for tariff classification purposes with the essential character being imparted by the sound-reproducing device.

The applicable subheading for this sound-reproducing device will be 8519.81.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Sound recording or reproducing apparatus: Other apparatus: Using magnetic, optical or semiconductor media: Sound reproducing only: Other: 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 Lisa Cariello at 646-733-3014.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division