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NY G86051

January 26, 2001

CLA-2-85:RR:NC:1:108 G86051


TARIFF NO.: 8525.30.9060

Mr. Wayne Martley
Safety 1st, Inc.
45 Dan Road
Canton, MA 02021

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

Dear Mr. Martley:

In your letter dated December 28, 2000 you requested a tariff classification ruling.

The item in question is denoted as the “Sound and Sight Television Monitor”. The system is composed of a single tabletop black and white television camera, with a microphone, and a wireless transmitter/receiver and a wired base unit. It is indicated that all the items will be packaged for retail sale as a complete system. A sample of the retail packaging has been submitted with this ruling request.

The system is designed to provide visual monitoring, on a television receiver, of a child by supervising adults in the home. The black and white television camera, with a microphone, captures and transmits live images in real time, in a wireless manner to the transmitter/receiver and its base unit. The base unit is wired directly to the television and provides a link to the TV for the transmitter/receiver, for the viewing of the live video images of the child by the supervising adults. It is recognized that the transmitter/receiver does have reception capability but it is primarily designed to further transmit the live wireless video image to the TV. The base unit completes the transmission through a coaxial cabled directly wired to the television. The transmitter/receiver can also be detached from the base unit for portable audio monitoring.

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 directly to users without repackaging (e.g. in boxes or cases or on boards).

This system does meet the provisions of Explanatory Note X. It does consist of at least two different articles, which are prima facie classified, in different headings. The television camera under HTS provision 8525.30 and the combined transmitter/receiver and base unit under HTS provision 8525.10. The articles are put up together to meet the specific need of visual monitoring by supervising adults of a child in the home. The system is packaged in a manner for sale directly to users without repackaging. Since the articles 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 3(b). EN VIII to GRI 3(b) states that:

The factor, which determines essential character, will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. After consideration it is the opinion of this office that the television camera imparts the essential character of the visual child monitoring set. It provides the most important function of the system for without it visual monitoring would be impossible.

The applicable subheading for the “Sound and Sight Television Monitor” will be 8525.30.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other video camera recorders; Television cameras: Other Other. The rate of duty will be 2.1 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 Michael Contino at 212-637-7039.


Robert B. Swierupski

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