CLA-2-85:OT:RR:NC:N1:108

Mr. Jairo P. Leon
Engineering & Trade Inc.
5701 NW 112th Ct.
Doral, FL 33178

RE: The tariff classification of a non-screened television receiver from China

Dear Mr. Leon:

In your letter dated September 13, 2012, on behalf of Distelnet LLC, you requested a tariff classification ruling.

The merchandise subject to this ruling request is a digital receiver for a cable television signal, which is not designed to incorporate a video display or screen. This non-screened television reception apparatus contains a QAM television tuner, an RS232 data connector, an RF in to connect to a cable TV signal, an RF out to connect to another receiver, an S- video (super video) to connect to a television, and a power supply. However, this television receiver does not contain a microprocessor or a modem for gaining access to the internet and therefore cannot communicate with the internet. Further, it does not incorporate any video recording or reproducing capability.

This merchandise, at the time of importation, is retail packed with a smart card for service setup, cables, a remote control, batteries, and a user’s guide. This combination is considered a set for tariff classification purposes, with the essential character being imparted by the non-screened television receiver.

The applicable subheading for the digital receiver will be 8528.71.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: Reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: Not designed to incorporate a video display or screen: Other: Other: Color. The rate of duty will be 5 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,

Thomas J. Russo
Director
National Commodity Specialist Division