CLA-2-85:OT:RR:NC:N2:208
Timothy R. Plante
Summer Infant, Inc.
1275 Park East Drive
Woonsocket, Rhode Island 02895
RE: The tariff classification of baby monitors from China
Dear Mr. Plante:
In your letter dated December 6, 2019, you requested a tariff classification ruling.
The merchandise under consideration is baby monitors, models Baby Pixel Cadet, Pure HD, Baby Pixel ZoomHD, Baby Pixel ZoomHD Duo, LookOut 5.0", LookOut Duo, Glimpse, Glimpse+, Explore Panoramic, In View 2.0, and In View 2.0 Plus. Each of the subject baby monitors consists of a camera with an AC/DC power cord and a battery-operated handheld monitor unit with AC/DC power charger that features a flat panel screen of various sizes between 2.8 - 5 inches.
It is the opinion of this office, that when imported packaged for retail sale, this combination meets the tariff definition of a set as per GRI 3 (b). However, neither the camera nor the monitor can function independently of one another to achieve the function of a baby monitor. As a result, both the camera and the monitor contribute equally to the system’s function; therefore, both the camera and the monitor merit equal consideration in determining the essential character of this set. This decision is in accordance with a long line of CBP’s prior rulings that examined similar sets that incorporated video monitors and video cameras. In each of these prior rulings, we found that no single component determined the system’s essential character, and, therefore by virtue of GRI 3(c), they were classified under Heading 8528, because it was the last numerical heading.
In your request, you suggest classification in subheading 8527.99.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Reception apparatus for radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other: Other: Infant nursery monitor systems, each consisting in the same package of a radio transmitter, an electrical adapter, and a radio receiver. However, this classification is not applicable.
The applicable subheading for the subject baby monitors 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.
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 the World Wide Web at https://hts.usitc.gov/current.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8528.59.2500, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8528.59.2500, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division