Mr. Aaron Cullen
Barthco International, division of OHL
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of an MP3 audio/video player from China

Dear Mr. Cullen:

In your letter dated May 5, 2011, on behalf of CVS/Pharmacy, you requested a tariff classification ruling. The sample provided is being returned as requested.

The merchandise subject to this ruling request is referred to as the “4GB MP3 Plus Video Player With 1.5 Inch TFT Color Touch Screen Display”, item number 850997. This MP3 audio/video player can reproduce and record music, videos, and photos, which are activated through the touch screen. At the time of importation, this MP3 audio/video player will be packaged for retail sale with the following: high quality stereo earbuds, a USB Cable, a video software converter disc, and a wristband. This combination would be considered a set for tariff classification purposes, with the MP3 audio/video player imparting the essential character.

The applicable subheading for the MP3 audio/video player will be 8521.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Video recording or reproducing apparatus, whether or not incorporating a video tuner: 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