Mr. Timothy Peat
True Value Company
8600 W. Bryn Mawr Ave.
Chicago IL, 60631

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

Dear Mr. Peat:

In your letter dated August 20, 2007, you requested a tariff classification ruling.

The merchandise under consideration is a digital photo frame, model number DPF1170. This device is a 7-inch TFT LCD color screen with built in stereo speakers. It is used for displaying both digital photos and video with MP3 or WMA music playback. This device allows the transfer of photos directly from a digital camera for a slideshow playback. It can also display video with the following formats: AVI, DIVX, MPEG1, MPEG2, and MPEG4. In addition, this device is compatible for the reception of NTSC/PAL signals, as well as for the use of various memory cards. This device does not contain a tuner.

At the time of importation, this device will be packaged for retail sale with a remote control, an AC adapter, cables, and an instructional manual. This combination would be considered a set for tariff classification purposes with the digital photo frame imparting the essential character.

In your letter you suggest classification under subheading 8471.70.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Automatic data processing machines and units thereof… Storage units: Other storage units: Not assembled in cabinets for placing on a table, desk, wall, floor or similar place. However, this digital photo frame is not a unit of an ADP machine as defined in Note 5 (c) of Chapter 84, HTSUS.

The applicable subheading for the digital photo frame will be 8528.59.1500, 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: 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

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.


Robert B. Swierupski
National Commodity
Specialist Division