CLA-2-85:OT:RR:NC:N2:208
Mr. Timothy Plante
Summer Infant, Inc.
1275 Park East Drive
Woonsocket, RI 02895
RE: The tariff classification of a baby monitor from China
Dear Mr. Plante:
In your letter dated May 20, 2020, you requested a tariff classification ruling.
The merchandise under consideration is a direct view 4.0-inch color video monitor with HD camera, model number 36263, which is used as a baby monitor. The monitor features a curved screen with a 3mm bend inwards at the center of the display. The camera transmits video to the handheld monitor, which processes the video into an image displayed on the screen. This baby monitor operates on 2.4GHz frequency with a range of 800 feet.
At the time of importation, the handheld monitor unit and camera are packaged for retail sale with AAAx6 NiMH battery pack, two AC adapters, wall mount hardware and cable management hangers, and an instruction manual. It is the opinion of this office, that 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 submission, you suggest the classification of this merchandise in subheading 8528.59.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other monitors: Other: Color: Other: Incorporating video recording or reproducing apparatus: Other. However, the subject monitor does not incorporate video recording or reproducing apparatus and has a video display diagonal not exceeding 34.29 cm.
The applicable subheading for the direct view 4.0-inch color video monitor with HD camera will be 8528.59.4500, HTSUS, which provides for Other monitors: Other: Color: 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.
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