CLA-2-85:OT:RR:NC:N4:108
Mr. Andrew J. Butler
Nitesite Ltd
Unit 13, West Lane
Full Sutton Airfield
Stamford Bridge
York, YO41 1HS
United Kingdom
RE: The tariff classification of a Nitesite Nature Spotter from the United Kingdom
Dear Mr. Butler:
In your letter dated August 31, 2016, you requested a tariff classification ruling.
The merchandise under consideration is the Nitesite Nature Spotters, versions XV, XW, and XE, each of which is a kit that converts a day spotting scope into a day and night vision system. The main components of this kit are a camera module and a 3.5 inch LCD monitor with an infra-red LED illuminator. The purpose of this kit is to display the image that the camera module captures, which is what one would see through the spotting scope, onto the LCD monitor.
The camera module captures video images and sends them to the monitor. The camera module, which cannot capture still images, does not have any recording capability. The LCD monitor is a composite machine consisting of a video monitor and an infra-red illuminator. The LCD monitor, which does not contain a tuner and does not have any recording capability, accepts, processes and displays video from the camera. This monitor is not designed for use with an ADP machine. Moreover, the monitor displays a color image during the day and a black and white image during the night, using the attached infra-red illuminator module.
The subject camera module and LCD monitor with illuminator will be retail packed at the time of importation together with their accessories, including a battery, clamps, brackets, and fixing bolts. This merchandise is considered to be a set for tariff classification purposes. The camera module and the monitor function in a cohesive, seamless manner to complete the task of capturing and displaying a video image. It is the view of this office that no single component can be viewed as imparting the essential character of the set. Neither the camera nor the monitor can function independently of one another to achieve the overall function of the merchandise. As a result, both the camera and the monitor contribute equally to the system’s function. Therefore, under GRI 3(c), the Nitesite will be classified under heading 8528, HTSUS.
In your request you suggested classification in subheading 8528.59,1500, which provides for Monitors and projectors, not incorporating reception apparatus;…: Other monitors: Other: Color: With a flat panel screen: Incorporating video recording or reproducing apparatus: With a video display diagonal not exceeding 34.29 cm. However, the subject monitor does not incorporate any video recording or reproducing apparatus.
The applicable subheading for the Nitesite Nature Spotters will be 8528.59.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: Other monitors: Other: Color: With a flat panel screen: 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 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