CLA-2-85:OT:RR:NC:N1:108

Ms. Monica Pontes
Carmanah Signs Inc.
5-6025 12 St. SE
Calgary, Alberta T2H2K1
Canada

RE: The tariff classification of a monitor from China

Dear Ms. Pontes:

In your letter dated March 25, 2011, you requested a tariff classification ruling.

The merchandise under consideration is described as the “LCD table Limit signage.” This item is a 7" LCD monitor, with 4-segment display zones, which is used in a casino for displaying marketing/advertising images (zone 1), minimum bet values (zone 2), maximum bet values (zone 3), and a scrolling message bar (zone 4). Zone one is called ADV, which is the largest zone and is capable of displaying images in JPG, FLV file (shock-wave flash) and/or animated GIFs. Zone two is called MIN, which is located in the upper right corner of the LCD monitor and is set up to display a maximum of 20 pre-programmed images. The third zone is called MAX, which appears directly under zone two and is also set up to display a maximum of 20 pre-programmed images. The fourth zone, MSG, is located across the bottom of the LCD screen and is set up to display animated GIFs or scrolling text. This LCD monitor only accepts video images from a pre-programmed SD card.

Consideration was given to classifying this merchandise in subheading 8528.51, HTSUS, which provides for monitors solely or principally used in an automatic data processing system of heading 8471 or subheading 9405.60, HTSUS, which provides for illuminated signs, as requested. However, this display is not of a kind solely or principally used in an automatic data processing system of heading 8471, HTSUS; therefore, subheading 8528.51, HTSUS, is not applicable. Further, this merchandise is excluded from heading 9405.60, HTSUS, which provides for lamps, signs, illuminated nameplates (including road signs) and like articles, such as advertising plates and address plates having a permanently fixed light source.  From the information you provided, the item in question is not akin to apparatus of heading 9405, HTSUS.

The applicable subheading for the 7” LCD monitor 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