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NY I89969

January 16, 2003

CLA-2-85: RR: NC: 1:108 I89669


TARIFF NO.: 8527.32.5010

Mr. Kent Sunakoda
James J. Boyle & Co.
Ocean Import & Export
2525 Corporate Place #100
Monterey Park, CA 91754

RE: The tariff classification of an AM/FM receiver with a digital clock from Japan.

Dear Mr. Sunakoda:

In your letter dated January 13, 2003, on behalf of your client Onkyo U.S.A. Corporation, you requested a tariff classification ruling.

The item in question is denoted as the Net-Tune “client” Receiver with Ethernet connection. The device is a fully functional AM/FM radiobroadcast receiver that can only operate with an external source of power. It has a fully functional AM/FM tuner with an integrated two-channel amplifier. This device is fully capable of selection, amplification and detection of radiobroadcasts. It has the necessary auxiliary inputs for the attachment of external devices such as a CD player, Mini Disk player or a cassette player. It is configured with a digital clock.

It also has an Ethernet portal for connection to an ADP unit. This feature allows the user to access a central music library, provided the appropriate software is installed onto their ADP unit. It also allows the user to access Internet radio over Ethernet area networks.

It is the opinion of this office, based upon the information provided that this item does not conform to Chapter 84, Note 5(b)(a) because it is not solely or principally used in an ADP system.

The applicable subheading for the Net Tune “client” receiver will be 8527.32.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Not combined with sound recording or reproducing apparatus but combined with a clock: Other Incorporating a digital clock or clock-timer. The rate of duty will be 3 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 646-733-3014.


Robert B. Swierupski

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