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NY H83220

July 26, 2001

CLA-2-85:RR:NC:1:108 H83220


TARIFF NO.: 8528.12.5600

Mr. Richard Little
Mitsubishi Electric & Electronics USA, Inc. 5665 Plaza Drive
P.O. Box 6007
Cypress CA 90630

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of High Definition Televisions from Mexico; Article 509

Dear Mr. Little:

In your letter dated July 2, 2001, on behalf of Mitsubishi Digital Electronics America, Inc., you requested a ruling on the status of High Definition Televisions from Mexico under the NAFTA.

The items in question are described as High Definition Color Televisions, Rear Projection Type with a cathode-ray tube. They are specified as models WS-55909, WS-55859, WS-65869 and WS-73909. Each model varies in screen diagonal measurement however based upon the descriptive literature each conforms to the definition of high definition as per Additional U.S. Note 8 of chapter 85. Each has a screen aspect ratio of 16:9 and each viewing screen is capable of displaying more than 700 scanning lines.

The applicable tariff provision for the High Definition Color Televisions will be 8528.12.5600, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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: High definition, projection type, with a cathode-ray tube: Other. The general rate of duty will be 5 percent ad valorem.

It has been indicated that these televisions will be manufactured in Mexico from both originating and non-originating parts. The applicable NAFTA rule of origin for products classified under 8528.12.5600 is set forth in General Note 12(t)/85.89 (A). It states: A change to tariff items 8528.12.52 or 8528.12.56 from tariff items 8528.12.04 or 8528.12.08 or any other heading, except from tariff items 8540.12.20, 8540.12.70 or 8540.91.15. In addition, no more than half the number of semiconductors of tariff item 8542.13.40, 8542.14.40 or 8542.19.40, used in the television receiver component, may be non-originating.

The pertinent exceptions for NAFTA eligibility are that of a change from headings 8540.12.20, 8540.12.70 or 8540.91.15 as well as the limitation of the amount of semiconductors used in the receiver component of the televisions.

Based upon detailed descriptive literature it has been indicated that the cathode-ray tubes used will be of U.S. origin and that no items of heading 8540.91.15 will be used in the production. Also that more than half of the semiconductors used in the receiving component will be originating.

Each of the non-originating materials used to make the High definition television has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/85.89(A). The High definition color televisions, models WS-55909, WS-55859, WS-65869, WS-73909 will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181).

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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