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NY M84043

June 8, 2006

CLA-2-85: RR: NC: 1:108 M84043


TARIFF NO.: 8527.19.5035

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of an FM radio from China.

Dear Ms. Aldinger:

In your letter dated June 5, 2006 you requested a tariff classification ruling.

The item in question is a battery operated FM radio denoted as the RA# 945891 EXT-Supersound Gift Set #2128 (sample provided). The item is a battery operated FM radio with a changeable cover. It is valued under $40 and does not contain a clock or clock timer nor any sound reproducing or recording capability. It enables the user to only access FM radio broadcast programs.

The applicable subheading for the battery operated FM radio will be 8527.19.5035, Harmonized Tariff Schedule of the United States (HTSUS), 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: radiobroadcast receivers capable of operating without an external source of power, including apparatus capable of receiving also radiotelephony or radiotelegraphy: Other; Other Other: FM only or AM/FM only. The rate of duty will be 3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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