CLA-2 CO:R:C:M 088498 AJS
Ms. Dianne L. Fox
Atty-in-fact
A.W. Fenton Company Inc.
P.O. Box 90005 AMF
Dayton, Ohio 45490-0005
RE: Tuner for satellite television receiver; NY 838855;
Subheading 8528.10.80; Subheading 8529.90.10; Antidumping Order
A-588-014-016; Antidumping Order A-588-014-021.
Dear Ms. Fox:
Your letter of December 24, 1990, addressed to the
Cleveland District Director of Customs, regarding the tariff
classification of a tuner for a satellite television receiver
has been referred to this office for reply. Binding rulings are
only issued for prospective transactions. 19 CFR 177.1 (1990).
In the future, the internal advice procedure should be used for
current transactions. 19 CFR 177.11 (1990).
FACTS:
The merchandise at issue is a tuner which will be
incorporated into satellite television receivers.
ISSUE:
Whether the subject tuner is properly classifiable within
subheading 8528.10.80, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for other television
receivers; or classifiable within subheading 8529.90.10, HTSUSA,
which provides for tuners.
LAW AND ANALYSIS:
Heading 8528, HTSUSA, provides for television receivers. In
NY 838855 (04/14/89), Customs concluded that a similar tuner
itself was a substantially complete receiver. However, upon
-2-
further study we find this not to be the case. Each of these
tuners will be incorporated into a satellite television receiver
and are an integral part of a satellite television receiver.
Accordingly, these tuners themselves cannot be classified as a
satellite television receiver within subheading 8528.10.80,
HTSUSA.
Heading 8529, HTSUSA, provides for parts suitable for use
solely or principally with the apparatus of heading 8528 (i.e.,
television receivers). The subject tuner satisfies the terms of
this heading. As stated previously, it will be used as an
integral part of a satellite television receiver. Satellite
television receivers are provided for within subheading
8528.10.80, HTSUSA, as other television receivers. More
specifically, these types of tuners are provided for within
subheading 8529.90.10, HTSUSA, as tuners for television
apparatus.
Tuners for television apparatus may be subject to
antidumping duties. Tuners from Mitsumi in Japan may be subject
to Antidumping Order A-588-014-016, and tuners from Sanshin in
Japan may be subject to Antidumping Order A-588-014-021. Any
questions regarding this issue should be referred to the Office
of Antidumping Compliance, International Trade Administration,
U.S. Department of Commerce, (202) 377-5255.
HOLDING:
The subject tuner is classifiable within subheading
8529.90.10, HTSUSA, which provides for tuners of television
apparatus, dutiable at the General Column 1 rate of 5 percent ad
valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division