CLA-2-92:RR:NC:2:227 C87739

Mr. Dennis Heck
Yamaha Corporation of America
6600 Orangethorpe Ave.
P.O. Box 6600
Buena Park, CA 90622-6600

RE: The tariff classification of celestas from Japan.

Dear Mr. Heck:

In your letter dated May 7, 1998, you requested a tariff classification ruling.

The subject merchandise consists of celestas which are percussion musical instruments that substitute for conventional chimes. These instruments have the outward appearance of a small piano with pedal and dampers and serve to produce sound by striking special thick steel plates with mechanical hammers operated by the keyboard.

It is claimed that the celestas, that serve as a substitute for chimes, should be properly classified under subheading 9206.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for percussion musical instruments...sets of tuned bells known as chimes, peals or carillons. However, although the celestas function in producing similar sounds of chimes, they are not a "set of tuned bells" as stated in the above subheading and, therefore, are precluded from consideration of classification under subheading 9206.00.6000, HTS.

The applicable subheading for the celestas will be 9206.00.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other percussion musical instruments. The rate of duty will be 5.3 percent ad valorem.

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 George Kalkines at 212-466-5794.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division