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NY N020194




December 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.50.30

Mr. Joe Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a media transmission device from China.

Dear Mr. Hoffacker:

In your letter dated November 16, 2007, on behalf of B2X Corporation, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is a media transmission device, which is referred to as the “MediaShare.” This device transmits videos, music, and photos to a television for video playback. In addition, this device incorporates a USB port for reproducing files from an external media apparatus. As imported this device does not contain a hard drive; therefore, it does not have any recording capability. However, it can house a 3.5-inch IDE hard drive. The MediaShare does not contain a tuner and does not have any radio functions. Furthermore, this device does not contain a modem or any direct access to an Internet Service Provider; therefore, it does not meet the requirements for a set top box.

 In its condition as imported, the MediaShare is packaged for retail sale with an infrared remote control, two AAA dry cell batteries, a user manual, a 12V DC power adapter, a power cord, an A to B USB cable, a composite A/V cable, a component video cable, and a 5dBi wireless antenna. This combination would be considered a set for tariff classification purposes with the MediaShare imparting the essential character.

The applicable subheading for the MediaShare, will be 8525.50.30, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Transmission apparatus: Television: Other. The general duty rate will be 1.8 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 Lisa Cariello at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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