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NY B80874

January 31, 1997

CLA-2-85:RR:NC:1:108 B80874


TARIFF NO.: 8521.90.0000

Ms. Margaret R. Polito
Neville, Peterson, & Williams, Counsellors at Law 80 Broad Street, 34th floor
New York City, New York 10004

RE: The tariff classification of a set-top device for reproducing subliminal text messages which appear on a television screen from the Netherlands.

Dear Ms. Polito:

In your letter dated January 7, 1997 you requested a tariff classification ruling on behalf of Motivision America, Inc. of North Miami Beach, Florida.

The subject Motivision device is described in your letter as a set-top unit, similar to a VCR or cable box, which will flash preprogrammed subliminal text messages on a television screen while the viewer is watching television. The messages are designed to have a subconscious positive psychological effect on the viewer and treat a wide range of conditions. The messages are prerecorded and stored on software in the device. According to your letter, all usual broadcast, cable, and tape signals will pass through the Motivision unit unchanged.

There is no indication that this equipment is specifically designed for the handicapped as defined in Note 4(a) of Subchapter XVII of Chapter 98. It is a device that can be used to a great extent by the general public to adopt a more positive mental attitude or develop healthier living habits. Therefore, subheading 9817.00.9600, HTS, does not apply.

The applicable subheading for the Motivision unit will be 8521.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for þVideo recording or reproducing apparatus, whether or not incorporating a video tuner: Other.þ The rate of duty will be 1.5 per cent ad valorem.

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 Phil Carabetta at 212-466-5672.


Robert B. Swierupski
Chief, Metals and Machinery Branch

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