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NY H88556

February 20, 2002

CLA-2-85:RR:NC:1:108 H88556


TARIFF NO.: 8525.30.9005

Mr. Dave Pentland
Carson Customs Brokers (USA) Inc.
Unit 8, 1-14th Street
Blaine, WA 98231

RE: The tariff classification of The Fareview Mobile Kit from Canada.

Dear Mr. Pentland:

In your letter dated January 25, 2002, on behalf of Silent Witness Enterprises Ltd., you requested a tariff classification ruling.

The items in question are denoted as the Fareview Mobile Kit and the System Administrator Fairview Kit. It has been confirmed by the telephone conversation of February 15, 2002, that these configurations will be sold to the consumer as separate boxed items.

The Fairview Mobile Kit is composed of an analog television type camera, which captures live images in real time, a controller/recorder unit, installation hardware, various cables, and various printed instruction and user guides. The kit is designed for use in taxis whereby the camera will capture live images in real time and send them to the recorder unit for storage and conversion to a digital image which can then be viewed on a computer with the aid of appropriate software. It is indicated that this kit will be sold packaged for retail sale without any repackaging.

Explanatory Note X to GRI 3b provides 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 article which are, prima facie, classifiable in different headings.

B. Consist of products 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).

All of the aforementioned articles are prima facie classifiable in different headings. Together each enables the user to maintain a visual surveillance for security purposes. Based upon submitted information regarding the packaging it is evident, to this office, that the kit will be sold without repackaging after importation. It is the opinion of this office that the Fareview Mobile Kit constitutes a set in accordance with Explanatory Note X.

EN VIII to GRI 3b 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 goods.

It is the opinion of this office that none of the articles, which merit equal consideration, impart an essential character to this set. The camera and the controller/recorder are equally required for the taking of pictures, storage and conversion to a digital format in order to complete the process of video surveillance. Therefore GRI 3c is applicable. It states that when goods cannot be classified by reference to 3a or 3b, they shall be classified under the heading that occurs last in numerical order among those which merit equal consideration.

The applicable subheading for the Fareview Mobile Kit will be 8525.30.9005, 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; television cameras; still image video cameras or other video camera recorders; digital cameras: Television cameras: Other Color. The general duty rate will be 2.1 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the System Administrator Fareview Kit. Your request for a classification ruling should include the characteristics of the software (data, instructions, sound image and interactivity), the rated voltage of the various cables, type of printed material and the material composition of the labels. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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.


Robert B. Swierupski

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