FILE: CLA-2-85:RR:CR:GC:961130 AML

Port Director of Customs
4735 Oakland Street
Denver, Colorado 80239

RE: Protest number 3307-97-100111; combination carseat-stroller; GRI 3(c); HQs 961266; 961331 Dear Port Director: The following is our decision regarding protest number 3307-97-100111, dated August 28, 1997, concerning your classification under the Harmonized Tariff Schedule of the United States (HTSUS) of the "Sit 'n' Stroll 5 in 1 Carseat/Stroller." A sample was provided. For the reasons stated herein, the protest will be granted. FACTS: Based upon the information and sample provided, the Sit 'n' Stroll 5-in-1 Combination Car Seat and Stroller is a child safety seat which incorporates and disguises the hardware of a baby stroller through the use of compartments. Separate levers and switches can be used to extend or retract the handle, wheels and supports of the stroller, as needed. The device appears to be an ordinary car seat/child safety seat, complete with heavy plastic frame, padding and washable covering. It incorporates plastic anchors for securing it with safety belts in motor vehicles and aircraft. The merchandise was entered in 1997, under subheading 9401.20.00, HTSUS, as child safety seats. The entries were liquidated on July 18, and August 1, 1997, with classification under subheading 8715.00.00, HTSUS, as strollers. The protest was timely filed on August 28, 1997. ISSUE: Whether the Sit 'n' Stroll 5-in-1 combination car seat and stroller should be classified under subheading 9401.20.00, HTSUS, as a child safety seat, or under subheading 8715.00.00, HTSUS, as a baby carriage (including strollers)? LAW and ANALYSIS: Classification of imported merchandise for rate of duty and statistical purposes is accomplished pursuant to the Harmonized Tariff Schedule of the United States (HTSUS). Classification under the HTSUS is guided by the General Rules of Interpretation of the Harmonized System (GRI's). GRI 1, HTSUS, provides in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes[.]" The applicable headings under consideration are as follows: 8715.00.00 Baby carriages (including strollers) and parts thereof. * * * * * * * * * 9401 Seats (other than those of heading 9402), whether or not convertible into beds or parts thereof. 9401.20.00 Seats of a kind used for motor vehicles. While the product can be partly described by both of these headings, it cannot be classified according to GRI 1. Resort must then be made to the remaining GRI's. GRI 3 provides, in pertinent part: When by application of Rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows: (a) The heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods. (b) Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. (c) When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in the numerical order among those which equally merit consideration. When interpreting and implementing the HTSUS, the Explanatory Notes (EN's) of the Harmonized Commodity Description and Coding System may be utilized. The EN's, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See, T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989). The guidance of the EN's is necessary in the instant analysis. EN Rule 3(a)(V), p. 4, states in pertinent part that "when two or more headings each refer to part only of the materials contained in mixed or composite goods . . . those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description than the others. In such cases, the classification shall be determined by Rule 3(b) or 3(c)." In this regard, EN Rule 3(b)(IX), p. 4, states in pertinent part that "composite goods made up of different components shall be taken to mean . . . those in which the components are attached to form a practically inseparable whole[.]" The product under consideration is one in which the components are attached to form a practically inseparable whole. Resort then, to GRIs 3(b) and 3(c) must be made in order to classify the product under the HTSUS. EN Rule 3(b)(VII), p. 4, states that in "all these cases the goods are to be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable." The term "essential character" is not defined within the HTSUS, GRI's or EN's. EN Rule 3(b)(VIII), p. 4, gives guidance, stating 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." As to which component imparts the essential character to the Sit n' Stroll 5-in-1 Carseat/Stroller system, the relevant ENs authorize Customs to consider the nature of each component in the good, its weight or value, or its role in relation to the use of the good. We recognize that considerations as to value, construction in accordance with applicable Federal safety standards, and diversification of use, all may militate in favor of a conclusion that the car seat imparts the essential character. Nevertheless, the stroller is similarly capable of a transport function, particularly for a toddler or an older child, and with less strain on the parent. Moreover, both the stroller and the car seat would appeal equally to prospective buyers. For this reason, we are unable to establish an essential character for the article. Under GRI 3(c), therefore, we find that the article is to be classified in heading 9401, as that heading occurs last in numerical order among those which equally merit consideration. This is consistent with Headquarters Ruling Letters (HQs) 961266 and 961331, dated June 4, 1998, and June 16, 1998, respectively, in which we held that nearly identical products, the 4-in-1 System Infant Car Seat/Stroller, and the Travel System, were classifiable in subheading 9401.20.00, HTSUS. HOLDING: The Sit n' Stroll 5-in-1 Combination Carseat and Stroller is classified under subheading 9401.20.00, HTSUS, as a for child safety seat. The 1997 column 1, general rate of duty is 1.2% ad valorem. The protest is GRANTED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision, together with Customs Form 19, should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of this decision. Sixty days from the date of this decision the Office of Regulations and Rulings will take steps ro make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act, and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division