CLA-2-85:OT:RR:E:NC:N1:109

Mr. Dennis D. Heck
Customs Compliance Manager
Yamaha Corporation of America
6600 Orangethorpe Avenue
Buena Park, CA 90620

RE: The tariff classification of YBA-10 Yamaha Bluetooth Wireless Audio Receivers from China

Dear Mr. Heck:

In your letter dated February 20, 2009, you requested a tariff classification ruling.

The merchandise subject to this ruling is the YBA-10 Yamaha Bluetooth Wireless Audio Receivers. The YBA-10 consists of a main unit and a 2 meter docking cable. The main unit wirelessly communicates within a 10 meter line of sight, with a Bluetooth enabled mobile phone, portable device (like an MP3 player) or personal computer. The docking cable connects the main unit to a Yamaha A/V (audio/video) Receiver/Amp System that is compatible with the YBA-10. This product is an adaptor for wireless connection of a Bluetooth-compatible portable music player, mobile phone, or PC, using the clarity and higher quality of a personal stereo system.

The unit does not use traditional FM (Frequency Modulation) frequencies, such as US FM tuners, which uses 87.5 – 108 MHz standard FM frequency range. The unit uses pulse modulation, not frequency modulation. The YBA-10 does not contain an FM tuner. The unit plays digital music through Yamaha’s Bluetooth enabled Receiver/Amps, but the signal/data only utilizes the amp portion of the Receiver/Amp, not the tuner portion of the Receiver/Amp. The digital music from a Bluetooth enabled device such as a mobile phone, iPod, MP3 player, etc. can stream the signal to any of the Yamaha Receiver/Amps that are Bluetooth enabled and have the YBA-10 transceiver attached.

The applicable subheading for the YBA-10 Yamaha Bluetooth Wireless audio Receivers will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: 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 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 Linda M. Hackett at 646-733-3015.


Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division