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NY K88763

September 3, 2004
CLA-2-85:RR:NC:1:108 K88763


TARIFF NO.: 8525.20.9080

Mr. Brian S. Clement
V. Alexander & Co., Inc.
Customs Broker
P.O Box 30250
Memphis, TN 38130-0250

RE: The tariff classification of a transmission system with reception capability from China.

Dear Mr. Clement:

In your letter dated August 17, 2004, you requested a tariff classification ruling.

The subject merchandise, based on the submitted sample and information, is a television transmission system with reception capability that is referred to as the “TV Everywhere,” item number SI670. This system is comprised of the following separate components: a tuner/transmitter unit, a receiver unit, a remote control, AC adapters for both units, an infrared signal device, and assorted cables. It is stated that the tuner/transmitter connects to an audio/video source (e.g., a cable, VCR or DVD player), interprets the signal, and then forwards the picture and sound to the receiver that is connected to a TV. In this way, it allows the user to access television broadcasts in a wireless mode.

It should be noted that this system meets the requirements of a functional unit under Legal Note 4, Section XV1 of the Harmonized Tariff Schedule of the United States (HTSUS). Moreover, although this system has reception capability, it does not conform to the tariff definition of a transceiver per Additional U.S. Note 3 to Chapter 85 of the HTSUS.

The applicable subheading for the TV Everywhere will be 8525.20.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatusTransmission apparatus incorporating reception apparatus: Other, Other. 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 646-733-3014.


Robert B. Swierupski

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