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NY N009465




April 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8528.59.1500

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

RE: The tariff classification of a digital photo frame from China.

Dear Ms. Aldinger:

In your letter dated April 3, 2007, you requested a tariff classification ruling. Sample is being returned as requested.

The submitted sample is a digital photo frame, item number 951695, that has a 7-inch TFT LCD color screen for displaying both digital photos and video with a MP3 or WMA music playback. This device, which has built-in speakers and an alarm clock, is stated to have an adapter slot for inserting such media as secure digital cards, memory sticks, and multimedia cards; it can also display video with the following formats: MP4, AVI, and DIVX.

This device will be packaged with an instructional manual, an adaptor, and a remote control. At the time of importation, this merchandise will be put up in a manner suitable for sale directly to users without repacking; furthermore, this merchandise will be considered a set for tariff classification purposes with its essential character being imparted by the digital photo frame.

The applicable subheading for this digital photo frame will be 8528.59.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: Other monitors: Other: Color: With a flat panel screen: Incorporating video recording or reproducing apparatus: With a video display diagonal not exceeding 34.29 cm. 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).

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 Lisa Cariello at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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