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

Ms. Sergio Aguirre
VIDSTONE, LLC
4831 South Billings Court
Aurora, CO 80015

RE: The tariff classification of a media player from China.

Dear Mr. Aguirre:

In your letter received in this office on January 23, 2007, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is a solar-powered media player, referred to as the “VIDSTONE Serenity Panel,” which is stated to measure 7 ½ inches by 10 ½ inches with a 7-inch (17.78 cm) LCD panel. This device has a frontal-exterior solar panel on its protective-hinged door with a lockable-door latch; and when opened, there is a full-sized flat-panel screen on one side and a panel displaying the VIDSTONE logo and control buttons on the other side. This apparatus, which contains a MPEG processor but not a tuner, has the capability of reproducing a DIVX formatted video; its internal flash memory card currently displays digital still images to produce a photo slideshow with a musical background (through a jpeg/mp3 format). It is stated that the purpose of this media player, which will be mounted onto a tombstone or monument, is to reproduce a personalized tribute to a loved one.

The applicable subheading for this media player 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,
National Commodity
Specialist Division