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NY N003062

November 14, 2006

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


TARIFF NO.: 8519.99.00

Ms. Pat Danilczyk
USG Logistics Inc.
Cargo Building 67
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of a sound reproducing device from Hong Kong.

Dear Ms. Danilczyk:

In your letter dated November 1, 2006 you requested a tariff classification ruling.

The item in question is an electronic sound device denoted as the “listen up device”. It is a hand held device that contains prerecorded verbal information. It is given to patients when prescribed medication. When activated by the patient it verbally instructs and educates the patient on the details of the prescribed medication. The device cannot verbally record other instructions nor can it be used to measure the medication.

The applicable subheading for the listen up device will be 8519.99.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Turntables, record players, cassette players and other sound reproducing apparatus, not incorporating a sound recording device: Other sound reproducing apparatus: Other Other. The rate of duty will be free.

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).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 8519.81.30 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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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