Mr. Richard Lopez
Buscemi Co, LLC
317 S. Isis Ave
Suite 201
Inglewood, CA 90301

RE: The tariff classification of a web-radio player from China.

Dear Mr. Lopez:

In your letter dated Oct. 18, 2007, on behalf of Baracoda, you requested a tariff classification ruling.

The item in question, which is referred as the “Phoenix Radio,” is a device that plays web-radio using Wi-Fi or ethernet connections. This device, which can only function after a Wi-Fi code is entered, is comprised of a Wi-Fi chipset, a processor unit, an AC 97 audio codec chipset, a stereo amplifier and two speakers. Upon connection to the Internet, this device can play any Internet radio station, podcast, digital music collection (file), or online music-based service. In addition to playing all broadcasts that are transmitted over the World Wide Web, this radio can also play audio files from a USB key or from a disc that can be connected to the USB port. This rechargeable battery powered device does not contain a tuner and is not capable of recording. Furthermore, the Phoenix Radio cannot detect a signal.

In its condition as imported, the Phoenix Radio will be packaged for retail sale with the following: four AA rechargeable batteries, a universal power adaptor with two plugs, a quick start guide, and a user manual. This combination would be considered a set for tariff classification purposes with the Phoenix Radio imparting the essential character.

The applicable subheading for this web-radio player will be 8519.89.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sound recording or reproducing apparatus: Other apparatus: 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

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