CLA-2-85:OT:RR:NC:N1:108
Ms. Sandy Wieckowski
Expeditors Tradewin, LLC
11101 Metro Airport Center Drive
Bldg. M2 Suite 110
Romulus, MI 48174
RE: The tariff classification of a video greeting card from China.
Dear Ms. Wieckowski:
In your letter dated November 23, 2009, on behalf of Hallmark Cards, Inc., you requested a tariff classification ruling. Sample is being returned as request.
The sample provided is a video greeting card, sku number 1CGD1000. This card is a composite good that is made up of paperboard incorporating a monitor with video reproducing apparatus. The video card is printed on the cover with “Some dreams do come true.” The inside of the card is printed with “I know…because I’ve got you.” In the center of the card there is a 2.4 inch TFT liquid crystal display (LCD) monitor, which incorporates an 8MB NOR flash memory chip. This monitor can display a short pre-recorded video, and music can be played though the speaker located on the back of the card.
Consideration was given to classifying this video card under subheading 4909.00.4040, HTSUS, which provides for printed or illustrated postcards; with or without envelopes or trimmings: Other: Other, as requested. However, it is the opinion of this office that the essential character of this composite good is imparted by the display unit (monitor). It is the dominant component, by use and cost in relation to the other constituent components of this composite good. In addition, it is also the reason why a consumer would purchase this card. Furthermore, this item would have been classified as a greeting card under subheading 4909.00.4020, HTSUS, if it had not been a composite good incorporating the video player, because all cards with printed messages would be more specific as greeting cards.
The applicable subheading for the video greeting card will be 8528.59.1500,
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: Incorporating video recording or reproducing apparatus: 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 http://www.usitc.gov/tata/hts/.
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 (646) 733-3014.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division