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NY G84868

November 30, 2000

CLA-2-85:RR:NC:1:108 G84868


TARIFF NO.: 8526.91.0040, 8524.39.4000

Mr. Kevin R. Hussey
Schenker, Inc.
850 Calcon Hook Rd.
Sharon Hill, PA 19079

RE: The tariff classification of an automotive on-board navigational system from Germany.

Dear Mr. Hussey:

In your letter dated November 22, 2000 you requested a tariff classification ruling.

The item in question is denoted as the BMW On-Board Navigation System designed for use within the BMW automotive model line. This system is designed to operate with six of the twenty-four NavStar Global Positioning satellites currently circling the earth. It provides a comprehensive map system showing the user the destination route and the current location of your automobile. It also provides the user with a recalculation of your position in the event of a course correction. The system also provides the user with an on screen display indicating speed, gas consumption, distance traveled and required distance for completion of the trip as well as a means to access your cellular telephone for any emergency calls. The system comes equipped with a number of CD-ROMs, which provide road maps and are placed in the specially adapted CD player housed in the trunk of the BMW.

In accordance with Legal Note 6 of Chapter 85 media of either heading 8523 or 8524 will remain classified in those headings whether or not they are entered with the apparatus for which they are intended. Therefore the CD-ROMs will be classified separately from the Navigational System.

The applicable subheading for the BMW On-Board Navigational System will be 8526.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio navigational aid apparatus Other. The rate of duty will be free.

The applicable subheading for the CD-ROMs will be 8524.39.4000, Harmonized Tariff schedule of the United States (HTS), which provides for records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: Discs for laser reading systems: Other: For reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. The rate of duty will be free.

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.


Robert B. Swierupski

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