The tariff classification of a network receiver from Mexico.

NY M83029 May 8, 2006 CLA-2-85:RR:NC:1:108 M83029 CATEGORY: Classification TARIFF NO.: 8528.12.9700 Ms. April L. Dyar Scientific-Atlanta 5030 Sugarloaf Parkway Lawrenceville, GA 30044 RE: The tariff classification of a network receiver from Mexico. Dear Ms. Dyar: In your letter dated April 26, 2006, you requested a tariff classification ruling. The subject device, model number D9838, is a satellite television receiver whose incorporated tuner receives and demodulates a satellite television broadcast signal. It has a DVR hard-disk drive for storage of broadcast content. Its reception capability is compatible with NSTC and PAL signal formats. This receiver neither contains a modem nor provides internet access to the user. This device can not only be connected to a television set for viewing video, but can also be connected to an encoder or analog modulator within an headend for further transmission within a cable network in noting that it can be set up via the on-screen display menu by using a handheld infrared remote control. Moreover, its hard-disk drive can store live video feed and pre-encoded video files for delayed playback, as well as data and PC Media files. You inquire whether this device is properly classified under subheading 8525.10, Harmonized Tariff Schedule of the United States (HTSUS) as a transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus… or properly classified under subheading 8528.12, HTS, as a reception apparatus for television, whether or not incorporating radiobroadcast receivers or sound or video recording or reproducing apparatus…. Since this article, which incorporates a tuner, is considered to be a reception apparatus, rather than a transmission apparatus, for classification purposes, consideration of classification under subheading 8525.10, HTS, is precluded. Further, in regard to its inability for accessing the internet, this office will be guided by HQ ruling 966799 in which such receivers, as the subject merchandise, was found to be classifiable under subheading 8528.12.9700, HTS. The applicable subheading for this network receiver will be 8528.12.9700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Reception apparatus for television, whether or not incorporating radiobroadcast receivers or sound or video recording or reproducing apparatus; video monitors and video projectors: Reception apparatus for television, whether or not incorporating radiobroadcast receivers or sound or video recording or reproducing apparatus: Color: Other: Other: Other: Other. 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 Michael Contino at 646-733-3014. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division