CLA-2-85:OT:RR:NC:1: 108
Mr. Arash A. Raminfar
ClearPoint International
Custom House Brokers
2934 ½ Beverly Glen Circle, #85
Bel Air, CA 90077
RE: The tariff classification of a video magnifier’s part from China
Dear Mr. Raminfar:
In your letter dated November 14, 2010, on behalf of Enhanced Vision Systems, Inc., you requested a tariff classification ruling.
The subject merchandise is a part of the desktop LCD video magnifier display, known as the Merlin. The Merlin is considered to be a composite good, which is classified in subheading 8528.59, HTSUS. The merchandise in question is the plastic housing, part number MPL-0500, for the base unit of the X-Y table (the platform for such material as a book or a photo) that is designed for use solely in this video magnifier display. This plastic housing, which is an integral part of this video magnifier, incorporates such components as the printed circuit board and wiring.
The applicable subheading for this plastic housing will be 8529.90.9900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: Other: Other: Other. The rate of duty will be Free.
In your submission you request consideration for a secondary classification of 9817.00.96, which covers articles specially designed or adapted for the use or benefit of the physically or mentally handicapped, along with parts and accessories thereof. As stated above, the housing in question is specially designed to be used in the manufacture of Merlin LCD magnifiers. Per the information you have provided, including the device’s user manual, the Merlin LCD magnifier is designed for the use by the visually impaired (but not the blind) to help them read books and magazines, view photographs, and other forms of printed media. The complete article contains a video camera that captures images in real time (but does not save them) and an LCD monitor upon which the image is displayed. The article is similar in form and function to the desktop magnification system known as the Multiview, described in New York Ruling Letter N080114, dated November 9, 2009. Like the desktop magnification system in that ruling letter, the Merlin is designed to help individuals read printed media and view images that would be easily accessible to those with normal vision or correctible vision (by the wearing of glasses or contact lenses). Like the Multiview, the Merlin is primarily marketed to those whose poor vision cannot be corrected with eyeglasses or other corrective lenses. The Enhanced Vision Website indicates that the Merlin is designed to help individuals with “low vision, macular degeneration, retinitis pigmentosa, glaucoma and cataracts read, write and regain their visual independence.”
On that basis, a secondary classification will apply for these plastic housings in HTSUS 9817.00.96, as parts specially designed or adapted for use in articles specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped (except articles for the blind), free of duty and user fees (if any). Note that the requirement that you prepare and file a U.S. Department of Commerce form ITA-362P has been eliminated via a notice from the International Trade Administration, published in the Federal Register of June 1, 2010. Also note that this classification has no effect on any quota, visa, or restricted merchandise requirements.
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 classification in 9817.00.96 of this item, contact National Import Specialist J. Sheridan at (646) 733-3012. If you have any other questions regarding the ruling, contact National Import Specialist Lisa Cariello at (646) 733-3014.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division