The tariff classification of flat panel display monitors from Germany

N242999 July 2, 2013 CLA-2-85:OT:RR:NC:N1:108 CATEGORY: Classification TARIFF NO.: 8528.59.2500; 8528.59.3100 Ms. Lucy Holt Beckhoff Automation LLC 13130 Dakota Ave. Savage, MN 55378 RE: The tariff classification of flat panel display monitors from Germany Dear Ms. Holt: In your letter dated June 5, 2013, you requested a tariff classification ruling. All samples are being returned as requested. The merchandise under consideration is flat panel display monitors, part numbers CP6902-0001-0000 and CP6822-0001-0010. Both TFT liquid crystal display monitors contain DVI and USB interface connectors and have the ability to connect to and display a clear image from an ADP machine of heading 8471, Harmonized Tariff Schedule of the United States (HTSUS). Part number CP6902-0001-0000 comes in various video display diagonals: 5.7 inches, 6.5 inches, 12 inches, 15 inches, 19 inches, and 24 inches. Part number CP6822-0001-0010 comes in four video display diagonals: 6.5 inches, 12 inches, 15 inches, and 19 inches. Screen resolutions vary depending on the screen size. All subject monitors do not contain a television tuner and do not have the capability of video recording or reproducing. In your request, you suggest that all subject monitors, in all sizes, be classified in subheading 8528.59.3100, HTSUS, which provides, in pertinent part, for Other monitors: Other: Other: Flat panel display devices designed for use with an automatic data processing machine, as defined in additional U.S. note 13 to Chapter 85. However, since some of these monitors have video display diagonals not exceeding 34.29 cm, they are more specifically provided for in subheading 8528.59.2500, HTSUS, which provides, in pertinent part, for Other monitors: Other: With a video display diagonal not exceeding 34.29 cm. The applicable subheading for the flat panel display monitors with video display diagonals not exceeding 34.29 cm will be 8528.59.2500, 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: Other monitors: Other: Color: With a flat panel screen: Other: With a video display diagonal not exceeding 34.29 cm. The rate of duty will be Free. The applicable subheading for the flat panel display monitors with video display diagonals exceeding 34.29 cm will be 8528.59.3100, HTSUS, which provides for Monitors and projectors, not incorporating television reception apparatus;…: Other monitors: Other: Color: With a flat panel screen: Other: Other: Flat panel display devices designed for use with an automatic data processing machine, as defined in additional U.S. note 13 to chapter 85. 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 Lisa Cariello at (646) 733-3014. Sincerely, Thomas J. Russo Director National Commodity Specialist Division