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NY M84574

June 29, 2006

CLA-2-85: RR: NC: 1:108 M84574


TARIFF NO.: 8528.21.6501

Ms. Marsha L. Dawson
150 Oaklands Boulevard
Exton, PA 19341

RE: The tariff classification of video baby monitor from China.

Dear Ms. Dawson:

In your letter dated June 13, 2006 you requested a tariff classification ruling.

The item in question is a child’s video monitor denoted as the imonitor Digital Video Baby Monitor model number 2797DIG. It is composed of a television type camera and a 1.9” flat panel screen color video monitor. Together they enable the user to visually monitor a child from a remote location. The camera can either be placed upon a table or wall mounted depending upon individual logistics and transmits live images in real time to the video monitor. The monitor visually displays the live image of the child that is located in a different room within the home. The system is battery operated.

Legal Note 3 to section XVI reads, in pertinent part, as follows: “Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.”

This office considers this child’s video monitoring system to be a composite machine in accordance with Section XVI Legal Note 3. It consists of two or more machines fitted together to perform video monitoring of a child for safety purposes.

It is the opinion of this office that neither the TV type camera nor the video monitor provides the principal function. The capability of each component is of equal importance of providing visual monitoring of a child located in a different area of a home. Therefore classification will be in accordance with GRI 3c. GRI 3c requires classification to be under the provision that appears last in numerical order of the tariff.

The applicable subheading for the imonitor Digital Video Baby Monitor will be 8528.21.6501, 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: Color: With a flat panel screen: Other: With a video display diagonal not exceeding 34.29 cm. 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 Michael Contino at 646-733-3104.


Robert B. Swierupski

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