Mr. Minbae Kwon
jWin Electronics Corp.
51-41 59th Place
Woodside, NY 11377
RE: The tariff classification of home surveillance system from China.
Dear Mr. Kwon:
In your letter dated May 30, 2001 you requested a tariff classification ruling.
The item in question is a home surveillance system denoted as the jWin, JV – TV2040 model. It is composed of a 5.5inch black and white monitor, a single TV type security camera, 60 feet of cable, a two-camera switcher and a power supply. This item is designed for use in the home or office for security through video monitoring of live action in real time. Neither the camera nor the monitor has any recording capability. A sample of the system with its retail packaging and descriptive literature has been furnished for review by this office. The item is packaged for retail sale, in its imported condition, with all the aforementioned components. There is no indication that the item will be repackaged after importation into the United States.
Explanatory Note X to GRI 3b provides that 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 articles which are, prima facie, classifiable in different headings.
B. Consist of products or articles 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).
The jWin, JV – TV 2040 security system meets the definition of a set. There are at least two articles, which are prima facie classifiable in different headings. The live action camera under 8525 and the 5.5-inch black and white monitor under 8528. The products together perform a specific activity. Together the articles are used for the visual monitoring of a single home or office. The supplied sample and retail packaging represents the imported condition of the system and there is no evidence that it will be repackaged after importation into the United States.
Since the article constitutes a set and classification cannot be made in accordance with GRI 3(a), the 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 the use of the goods.
The components of the set contribute to the complete function of visual monitoring of a home or office. The individual components function in a cohesive seamless manner to complete this task. It is the opinion of this office that no single item can be viewed as having an essential character. Therefore classification of this set will be in accordance with Rule 3c of the general rules for the Interpretation of the Harmonized System (GRI).
The applicable subheading for the jWin, JV-TV 2040 will be 8528.22.0000, Harmonized Tariff Schedule of the United States (HTS), 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: Video monitors: Black and white or other monochrome. The rate of duty will be 5 percent ad valorem.
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 212-637-7039.
Robert B. Swierupski