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

Mr. Dennis Heck
Yamaha Corporation of America
6600 Orangethorpe Ave.
Buena Park, CA 90277

RE: The tariff classification of radiobroadcast receivers from China.

Dear Mr. Heck:

In your letter dated June 25, 2009, you requested a tariff classification ruling.

The merchandise subject to this ruling is audio/video (AV) FM receivers, which are identified in your letter and technical documentation as the neoHD media controllers, model numbers YMC-500 and YMC-700. These AV radiobroadcast receivers, which are incapable of operating without an external source of power, have three HDMI inputs for connecting high-definition AV devices, as well as two component video inputs and a composite video input. There is also a USB port for USB media players or USB storage devices. Once connected, all AV devices can be controlled by the neoHD remote control. It is stated that both of these receivers contain an FM tuner and are imported with an FM antenna. The YMC-700 also contains Ethernet and Wi-Fi connectivity, allowing media streaming via Internet Radio and Rhapsody. In addition, neither receiver contains sound recording nor reproducing apparatus.

In your letter you suggest classification under subheading 8527.91, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other radiobroadcast receivers combined with sound recording or reproducing apparatus. However, these receivers are not combined with sound recording or reproducing apparatus.

The applicable subheading for these media controller AV radiobroadcast receivers will be 8527.99.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Reception apparatus for radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other: Other: Other radio receivers. The rate of duty will be 3 percent ad valorem.

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