Tuner for satellite television receiver; NY 838855;Subheading 8528.10.80; Subheading 8529.90.10; Antidumping OrderA-588-014-016; Antidumping Order A-588-014-021.

HQ 088498 May 2, 1991 CLA-2 CO:R:C:M 088498 AJS CATEGORY: Classification TARIFF NO.: 8529.90.10 Ms. Dianne L. Fox Atty-in-fact A.W. Fenton Company Inc. P.O. Box 90005 AMF Dayton, Ohio 45490-0005 RE: Tuner for satellite television receiver; NY 838855; Subheading 8528.10.80; Subheading 8529.90.10; Antidumping Order A-588-014-016; Antidumping Order A-588-014-021. Dear Ms. Fox: Your letter of December 24, 1990, addressed to the Cleveland District Director of Customs, regarding the tariff classification of a tuner for a satellite television receiver has been referred to this office for reply. Binding rulings are only issued for prospective transactions. 19 CFR 177.1 (1990). In the future, the internal advice procedure should be used for current transactions. 19 CFR 177.11 (1990). FACTS: The merchandise at issue is a tuner which will be incorporated into satellite television receivers. ISSUE: Whether the subject tuner is properly classifiable within subheading 8528.10.80, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other television receivers; or classifiable within subheading 8529.90.10, HTSUSA, which provides for tuners. LAW AND ANALYSIS: Heading 8528, HTSUSA, provides for television receivers. In NY 838855 (04/14/89), Customs concluded that a similar tuner itself was a substantially complete receiver. However, upon -2- further study we find this not to be the case. Each of these tuners will be incorporated into a satellite television receiver and are an integral part of a satellite television receiver. Accordingly, these tuners themselves cannot be classified as a satellite television receiver within subheading 8528.10.80, HTSUSA. Heading 8529, HTSUSA, provides for parts suitable for use solely or principally with the apparatus of heading 8528 (i.e., television receivers). The subject tuner satisfies the terms of this heading. As stated previously, it will be used as an integral part of a satellite television receiver. Satellite television receivers are provided for within subheading 8528.10.80, HTSUSA, as other television receivers. More specifically, these types of tuners are provided for within subheading 8529.90.10, HTSUSA, as tuners for television apparatus. Tuners for television apparatus may be subject to antidumping duties. Tuners from Mitsumi in Japan may be subject to Antidumping Order A-588-014-016, and tuners from Sanshin in Japan may be subject to Antidumping Order A-588-014-021. Any questions regarding this issue should be referred to the Office of Antidumping Compliance, International Trade Administration, U.S. Department of Commerce, (202) 377-5255. HOLDING: The subject tuner is classifiable within subheading 8529.90.10, HTSUSA, which provides for tuners of television apparatus, dutiable at the General Column 1 rate of 5 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division