CLA-2 CO:R:C:M 088044 MBR

Mr. Jerrold E. Anderson
Katten, Muchin & Zavis
525 West Monroe St., Suite 1600
Chicago, Illinois 60606-3693

RE: "Talking Magical Storytime" Children's Book; Electronic Reading Tray; Read Only Memory Cartridge; GRI 3(b); Set

Dear Mr. Anderson:

This is in reply to your letter of October 8, 1990, on behalf of Video Technology Industries, Inc., requesting classification of "Talking Magical Storytime," imported from Hong Kong, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The "Magical Talking Storytime" ("Storytime") consists of a children's book, an electronic "reading tray," and a read only memory ("ROM") cartridge. These items will be packaged together and sold as a set. However, additional books will be imported and sold separately with an accompanying ROM cartridge. Reading trays may also be imported separately.

The books are made of durable laminated cardboard stock and contain colorful illustrations which correspond to the narrative text on each page. Four books will be available, based upon the following children's stories: Little Red Riding Hood, Snow White, Jack and the Bean Stalk, and Cinderella. Storytime contains two alternative endings to every story, and thus allows the child to choose the ending.

The reading tray is battery powered and contains a microprocessor with a human voice simulator which also produces sound effects. The stories themselves are contained on the ROM cartridges which are included with each book. Verbal instructions provided by the electronic voice and written instructions on the pages of the books direct the reader through -2-

the stories. The reading tray has several buttons which control functions such as: 1) proceed to next page, 2) story line, 3) flash words, 4) new story, 5) sounds, and 6) repeat.

ISSUE:

What is the classification of the "Talking Magical Storytime" set which includes a children's book, a ROM cartridge, and an electronic reading tray, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

You argue that the children's book with accompanying ROM cartridge is classifiable under 4901.99.00, HTSUSA, which provides for: "[p]rinted books...: [o]ther: [o]ther." We agree.

In the instant case, the book and ROM cartridge are prima facie classifiable under three headings: 4901, HTSUSA, which provides for printed books, 4903, HTSUSA, which provides for children's picture, drawing or coloring books, and 8542, HTSUSA, which provides for electronic integrated circuits and microassemblies.

General Rule of Interpretation (GRI) 3 delineates the treatment of goods that are prima facie classifiable under two or more headings. GRI 3(a) provides that:"... when two or more headings each refer...to part only of the items in a set 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 description of the goods."

GRI 3(b) states that: "...goods put up in sets for retail sale, which cannot be classified by reference to GRI 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."

The EN for GRI 3(b), page 4, states:

(X) For the purposes 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 -3-

are, prima facie, classifiable in different headings...;

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards).

The children's book with ROM cartridge meet the EN definition of "goods put up in sets for retail sale" because they: (1) consist of at least two different articles; (2) which are classifiable in different headings; (3) consist of articles put up together to carry out a specific activity; and (4) the articles are put up in a manner suitable for sale directly to users without repacking.

In a similar case regarding musical greeting cards with a built-in integrated circuit, HQ 081831 (May 17, 1989), we stated:

It is our opinion that the role of the printed paper in relation to the use of this merchandise clearly indicates that the paper portion is indispensable to the functioning of this product. We believe that the musical aspect is secondary to the paper portion, because the article would still function as a greeting card without the integrated circuit. While the integrated circuit adds an additional feature to the card by complementing the greeting, it is nevertheless secondary to the card because the card conveys the printed message.

Similarly, when imported separately from the reading tray, it is our opinion that it is the children's book which imparts the essential character of a set consisting of a book and a ROM cartridge. See HQ 086838, dated July 3, 1990, which held a children's book combined with an integrated circuit to have the essential character of the book.

The Harmonized Commodity Description and Coding System Explanatory Notes (EN) of the HTSUSA, to heading 4903 (children's picture books), page 694, state:

This heading is restricted to those picture books clearly compiled for the interest or amusement of children or for guidance in their first steps of primary education, provided the pictures form the principal interest and are not subsidiary to the text (see Note 6 to this chapter).

This category includes, for example, pictorial alphabet books and books of the kind in which the sense of stories is -4-

conveyed by a series of episodal pictures accompanied by captions or summary narratives related to the individual pictures.

It does not include books, even profusely illustrated, written in the form of continuous narratives with illustrations of selected episodes. These fall in heading 49.01.

In the sample provided, "Little Red Riding Hood," the text forms the principal interest and is not subsidiary to the pictures. This book is written in the form of continuous narrative with illustrations of selected episodes. Therefore, the book imported with the ROM cartridge is properly classifiable under heading 4901, HTSUSA, which provides for: "[p]rinted books, brochures, leaflets and similar printed matter, whether or not in single sheets."

You assert that when the reading tray is separately imported, it is classifiable under heading 8519, HTSUSA, which provides for: "[t]urntables, record players, cassette players and other sound reproducing apparatus, not incorporating a sound recording device." We agree. The EN to 8519, page 1366, states:

This heading covers all sound reproducing apparatus, whatever the purpose for which it is intended (for example, educational purposes, conferences, radio broadcasting, cinema, dictating mail)."

The reading tray's sole function is that of sound reproducing apparatus. The various buttons on the reading tray simply direct what text is audibly reproduced. Therefore, we agree that the reading tray is properly classifiable under subheading 8519.99.00, HTSUSA, which provides for: "[o]ther sound reproducing apparatus: [o]ther."

When the children's book, ROM cartridge, and reading tray are packaged and imported together, they also meet the above cited criteria for goods put up in sets for retail sale, since they are classifiable under different headings, are designed to carry out a specific activity, and are put up in a manner suitable for sale directly to users without repacking.

Therefore, pursuant to GRI 3(b), it is necessary to determine the essential character (if discernable) of the book, ROM cartridge, and reading tray set. The EN to GRI 3(b), page 4, Roman numeral VIII, states:

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 -5-

constituent material in relation to the use of the goods.

The reading tray has greater bulk and weighs more than the book or the cartridge. The majority of the electronics are in the reading tray, including; the power source (batteries), speech synthesizer microprocessor, audio amplifier and speaker. Additionally, what distinguishes this set from a regular children's book is its ability to "read" the text aloud. However, the reading tray only reproduces the text in an audio form. The book provides the story and imagery that is the framework of the audio text. It is the book and its pictures which will be the focus of the child's attention. However, again, the reading tray has greater utility because it will presumably be used with a number of different books and ROM cartridges in the future, whereas, the book remains static in its use.

In the instant case, it is Customs position that there is no single essential character to these goods when put up in sets for retail sale.

Therefore, GRI 3(c) dictates that; "[w]hen goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration." Thus, when the reading tray, book, and ROM cartridge are imported together as goods put up in a set for retail sale, they are classifiable under 8519.99.00, HTSUSA, which provides for: "[t]urntables, record players, cassette players and other sound reproducing apparatus, not incorporating a sound recording device: [o]ther sound reproducing apparatus: [o]ther."

HOLDING:

When the "Talking Magical Storytime" reading tray, book, and ROM Cartridge are imported together, as goods put up in a set for retail sale, they are classifiable under 8519.99.00, HTSUSA, which provides for: "[t]urntables, record players, cassette players and other sound reproducing apparatus, not incorporating a sound recording device: [o]ther sound reproducing apparatus: [o]ther." The rate of duty is 3.9% ad valorem.

When the book and ROM cartridge are imported together, but separately from the reading tray, this set is classifiable under 4901.99.00, HTSUSA, which provides for: "[p]rinted books, brochures, leaflets and similar printed matter, whether or not in single sheets." The rate of duty is Free.

When the reading tray is imported separately, it is classifiable under 8519.99.00, HTSUSA, which provides for: "[t]urntables, record players, cassette players and other sound

-6-

reproducing apparatus, not incorporating a sound recording device: [o]ther sound reproducing apparatus: [o]ther." The rate of duty is 3.9% ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division