CLA-2-85:OT:RR:NC:N2:208

Mr. Ronald Ige
R. Ige & Co. Inc.
4723 Marine Ave
Lawndale, CA 90260

RE: The tariff classification of a digital photo frame from China

Dear Mr. Ige:

In your letter received by this office on January 29, 2019, on behalf of your client Outform Inc., you requested a tariff classification ruling.

The merchandise under consideration is the XUENVO digital photo frame, model number M105. This digital photo frame has a diagonal screen size of approximately 10-inches and a resolution of 1024×600. The subject digital photo frame contains an SD card slot and can reproduce video from an SD memory card. It does not contain a tuner or a channel selector.

In your request, you suggest that the subject digital photo frame is classified in subheading 8528.42.0000, 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: Cathode-ray tube monitors: Capable of directly connecting to and designed for use with an automatic data processing machine (ADP) of heading 8471. However, this monitor does not contain a cathode-ray tube nor is it capable of directly connecting to and designed for use with an ADP machine. Therefore, classification in this subheading is not appropriate.

The applicable subheading for this digital photo frame will be 8528.59.1500, 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: Other monitors: Other: Color: With a flat panel screen: Incorporating video recording or reproducing apparatus: With a video display diagonal not exceeding 34.29 cm. 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 https://hts.usitc.gov/current.

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,

Steven A. Mack
Director
National Commodity Specialist Division