CLA-2-85:OT:RR:E:NC:N1:112
Ms. Becky Delsing
Global Import Compliance
Best Buy
7601 Penn Ave S
Richfield, MN 55423
RE: The tariff classification of the Ambient Centerfield Baseball ScoreCaster (Best Buy SKU # 9468649/Model # BBSC09) and the Ambient Cirrus 7 Day Weather Forecaster (Best Buy SKU # 9468658/Model # WF7D09) from China
Dear Ms. Delsing:
In your letter dated August 18, 2009, you requested a tariff classification ruling for the Ambient Flurry Alarm Clock with Weather Forecast (Best Buy SKU # 9468587/Model # AC2D09, the Ambient Centerfield Baseball ScoreCaster (Best Buy SKU # 9468649/Model # BBSC09) and the Ambient Cirrus 7 day Weather Forecaster (Best Buy SKU # 9468658/Model # WF7D09).
This office is not able to provide a binding ruling on the Ambient Flurry Alarm Clock with Weather Forecast (Best Buy SKU # 9468587/Model # AC2D09) because, after reviewing your request, it has come to our attention that this merchandise is similar to an issue pending before the United States Court of International Trade. No ruling letter will be issued with respect to any issue pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom. As such, we cannot issue a ruling on the Ambient Flurry Alarm Clock with Weather Forecast until the matter is settled. However, this ruling will provide the classification of the Ambient Centerfield Baseball ScoreCaster (Best Buy SKU # 9468649/Model # BBSC09) and the Ambient Cirrus 7 day Weather Forecaster (Best Buy SKU # 9468658/Model # WF7D09).
The Ambient Centerfield Baseball ScoreCaster (Best Buy SKU # 9468649/Model # BBSC09) is an indicator panel that provides the latest scores and game schedules for major league baseball. It measures 7.4 inches wide by 5.5 inches high by 1.6 inches thick and utilizes an LCD screen for display purposes. Once the device is plugged in via an AC adaptor, included, it will begin receiving information from the Ambient Network, which is a narrow band signal. This device displays the schedules, scores, standings and results for every team in major league baseball. The device does not require a PC, Internet connection or subscription; rather, it uses the Ambient patented process to aggregate, scrub, packetize, transmit and decode data via a chipset and band signal. The Ambient network is able to reach over 90% of U.S. households.
The Ambient Cirrus 7 day Weather Forecaster (Best Buy SKU # 9468658/Model # WF7D09) is an indicator panel that continuously displays forecast data for 150 U.S. locations from AccuWeather.com. It measures 7.4 inches wide by 5.5 inches high by 1.6 inches thick and utilizes an LCD screen for display purposes. Once the device is plugged in via an AC adaptor, included, it will begin to display high and low temperatures, precipitation, wind speed, UV index, pollen and air quality. The device features a clock, for which the time never needs to be set and will automatically adjust for time zone and daylight savings. The device does not require a PC, Internet connection or subscription; rather, it uses the Ambient patented process to aggregate, scrub, packetize, transmit and decode data via a chipset and band signal.
The applicable subheading for the Ambient Centerfield Baseball ScoreCaster (Best Buy SKU # 9468649/Model # BBSC09) and the Ambient Cirrus 7 day Weather Forecaster (Best Buy SKU # 9468658/Model # WF7D09) will be, 8531.20.0020 Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus…: Indicator panels…: Incorporating LCD’S.” 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 Steve Pollichino at (646) 733-3008.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division