Mr. Nohemy Valdivieso
Nohemy Customs Broker, Inc.
11222 La Cienega Blvd. STE. 135
Inglewood, CA 90304
RE: The tariff classification of a monitoring system from Korea.
Dear Mr. Valdivieso:
In your letter dated July 2, 2001 you requested a tariff classification ruling.
The item in question is denoted as the All-In-One Monitoring System. The system is composed of 4 small wall mounted television type cameras, a 14” color quad video monitor with a video recorder, various connection cables, mounting brackets and an owner’s manual.
The system is designed for video monitoring of either a home or office. It is designed to provide the user with a means of maintaining visual security of the workplace and also for visually monitoring a child in one’s own home as live action in real time.
The descriptive literature indicates that the system will be packaged for retail sale with all the above mentioned components. There is no indication that the system 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 All-In-One Monitoring System meets the definition of a set. There are at least two articles, which are prima facie classifiable in different headings. The live action cameras under 8525 and the 14” color monitor with a video recorder 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 descriptive literature 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 system 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 or 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 All-In-One Monitoring System will be 8528.21.1901, 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: Color: Non-high definition, having a single picture tube intended for direct viewing (non-projection type), with a video display diagonal not exceeding 35.56 cm: Incorporating video recording or reproducing apparatus: Other . The rate of duty will be 3.9 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