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NY G81049

August 30, 2000

CLA-2-85:RR:NC:1:108 G81049


TARIFF NO.: 8528.21.6501

Ms. Jodi A. Leafer
Safety 1st, Inc.
Canton Commerce Center
45 Dan Road
Canton, MA 02021

RE: The tariff classification of a child video monitoring system from China.

Dear Ms. Leafer:

In your letter dated August 14, 2000 you requested a tariff classification ruling.

The item in question, sample enclosed, is marketed as a child monitoring system. It is packaged as a set for retail sale under the Safety 1st Family Performance Series logo. The system is composed of a table top live image camera with a built-in microphone, a hand held monitor/television and a 9V AC adapter for the camera and a 6V AC adapter for the monitor/television. The system is designed to provide visual monitoring of a child to an observer in a different location within the home. The camera, once plugged-in to an outside power source via the adapter, provides a live image with sound to a remote hand held color monitor. The color monitor can also be battery operated so that the observer can move about the premise and still maintain visual security of the child. The color monitor, with a 2-inch diagonal flat panel active matrix screen, can also function as a television receiver.

This office conducted a practical demonstration of the system that produced the advertised results of remote visual monitoring as well as reception of a television broadcast.

Explanatory Note X to GRI 3b provides that for the purpose of this rule, the term “goods put up in sets for retail sale” shall be taken to mean goods which:

A. Consist of at least two different articles which are, prima facie, classifiable in different headings.

B. Consist of products or articles put up together to meet a specific activity; and

C. Are put up in a manner suitable for sale to users without repackaging (e.g. in boxes or cases or on boards).

The child monitoring system meets the definition of a set. There are at least two articles, which are prima facie classifiable in different headings. The live action camera under 8525 and the monitor/television under 8528. The products together perform a specific activity. Together the articles are used for the visual monitoring of a child in a different location in the home from the observer. It was confirmed via a telephone conversation with the importer that the sample submitted represented the actual importation and that the package would not be altered in any way prior to sale at the retail level.

Since the article constitute a set and classification cannot be made in accordance with GRI 3(a), the essential character of the set must be determined in accordance with GRI 3b. EN VIII to GRI 3b states that:

The factor, which determines essential character, will vary as between different kind of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or the use of the goods.

The components of the set contribute to the complete function of the child monitoring system. The individual components function in a cohesive seamless manner to complete the task of visual monitoring of a child. It is the opinion of this office that no single item can be viewed as having an essential character as well as the fact that the monitor/television does not have an essential character. Therefore classification of this set will be in accordance with Rule 3c of the General Rules for the Interpretation of the Harmonized System (GRI).

The applicable subheading for the child monitoring system will be 8528.21.6501, Harmonized Tariff Schedule of the United States (HTS), 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: Video monitors: Color: With flat panel screen: Other: With a video display diagonal not exceeding 34.29 cm. The rate of duty will be free.

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 212-637-7039.


Robert B. Swierupski

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