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

Ms. Natalie Sonnde
equinux USA, Inc.
100 Produce Avenue, Suite L
South San Francisco, CA 94080

RE: The tariff classification of a USB TV receiver from Taiwan.

Dear Ms. Sonnde:

In your letter dated May 20, 2009, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is a non-screened USB TV receiver, known as the equinux Tubestick, which does not incorporate any video recording or reproducing apparatus. This plastic oblong-shaped device is a hybrid USB TV receiver, which houses two TV tuners: a digital tuner, which is designed to receive and decode free over-the-air ATSC signals (HDTV and SDTV) and unencrypted cable (Clear QAM) signals, as well as an analog tuner. This TV receiver, with a USB connector, can only operate with a computer.

The applicable subheading for this merchandise will be 8528.71.4000, 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: 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: Other: Color. The rate of duty will be 5 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
National Commodity Specialist Division