CLA-2-85:OT:RR:E:NC:1:108
Ms. April L. Dyar
Scientific Atlanta
5030 Sugarloaf Parkway
Lawrenceville, GA 30044
RE: The tariff classification of a set top box from Mexico.
Dear Ms. Dyar:
In your letter dated October 2, 2007, you requested a tariff classification ruling.
The subject merchandise, based on the submitted information, is a set top box, which is referred to as the “Explorer® Model 3250HD Settop Box.” This non-screened device incorporates the following: a tuner that allows for both analog and MPEG-2 digital channels to be tuned for television display; a 32-bit/166 MIPS RISC microprocessor that allows for improved processing performance; and a DAVIC cable modem and reverse-path transmitter that enables this device to communicate instantly with the cable headend, thereby allowing the cable service provider to offer two-way services such as Internet browsing, video-on-demand (VOD), subscription-based VOD (SVOD), e-mail, and real-time chat.
This device also has the following features: a USB interface with a front-panel USB port that allows easy interconnection with home-consumer devices such as USB keyboards; a BTSC/SAP decoder that provides stereo sound on analog channels through the baseband left and right outputs; a S/PDIF digital audio interface that supports interconnection with surround-sound receivers using coaxial and optical-type connectors; and an integrated VCR commander service that automates the recording of selected video programs in noting that an IR blaster cable is required.
It is stated that this set top box will be packaged with a power cord, a coaxial cable, and a user’s guide, all of which, at the time of importation, will be put up in a manner suitable for sale directly to the user without repacking. Based on this information, the subject merchandise would be considered a set for tariff classification purposes with the essential character being imparted by the set top box.
The applicable subheading for this set top box, model number 3250HD, will be 8528.71.2000, 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: Not designed to incorporate a video display or screen: Other: Set top boxes which have a communications function. 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