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NY F84228




April 4, 2000

CLA-2-85:RR:NC:1:108 F84228

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.12.9700

Mr. Timothy J. Ruane
Hankyu International Transport, Inc.
989 A.E.C. Drive
Wood Dale, IL 60191

RE: The tariff classification of a super tuner box from Taiwan.

Dear Mr. Ruane:

In your letter dated March 7, 2000 you requested a tariff classification ruling on behalf of your client, Santeca Electronics Incorporated.

The item in question (sample enclosed) is denoted as a Super Tuner Box, model number ST-1000. It is equipped with a television tuner which is capable of demodulating an NTSC television broadcast signal, an FM modulator, DC cable set, diversity antenna, Y cable, a remote control device, infra-red sensor, various jacks, inputs, outputs, power ports, a power light. It has a power light for indication of the function in use such as: TV or CATV reception, GPS, VCR, DVD and video games.

Based upon the descriptive literature, sample package and a telephone conversation with your office on April 3, 2000 the item will be sold at retail as a set with all above listed items. It is designed for use in sport utility vehicles. The super tuner box will be mounted under the driver’s seat.

Explanatory Note X to GRI 3b provides that for the purpose of this rule, the term “goods put up in sets for retail sale” shall be taken to mean goods which:

Consist of at least two different articles, which are, prima facie, classifiable in different headings.

B. Consist of products or articles put up together to meet a specific activity; and

C. Are put up in a manner suitable for sale to users without repackaging (e.g. in boxes or cases or on boards).

The super tuner box and its accessories meet the definition of a set. Most of the included items are classified in different headings within chapter 85. The items together perform the specific activity of viewing either TV or CATV, DVD’s, VCR videos or the GPS system of the automobile. Finally the super tuner box and accessories are put up suitable for sale directly to users without repackaging.

Since the articles constitute a set and classification cannot be made in accordance with GRI 3(a), the essential character of the set must be determined in accordance with GRI 3b. EN VIII to GRI 3b states that:

The factor, which determines essential character, will vary as between different kind goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or the use of the goods.

It is the opinion of this office that the super tuner box imparts the essential character of this set. The super tuner box is essentially designed for the reception and demodulation of an NTSC television broadcast signal for viewing on a video monitor as well as provides a means of transmission for the other video signals.

The applicable subheading for the super tuner box will be 8528.12.9700, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for television, whether or not incorporating radiobroadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors: Reception apparatus for television, whether or not incorporating radiobroadcast receivers or sound or video recording or reproducing apparatus: color: Other: Other: Other: Other. The rate of duty will be 5 percent 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 Michael Contino at 212-637-7039.

Sincerely,

Robert B. Swierupski
Director,

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