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NY H83388




August 3, 2001

CLA285:RR:NC:1:108 H83388

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.30.9005, 8524.39.80

Ms. Leanne Fischer
Carson International
Unit 8 1-14th Street,
Blaine, WA 98231

RE: Tariff classification of an analog Camera with recorder and software kit from Canada.

Dear Ms. Fischer;

In your letter of July 9, 2001, you requested, on behalf of your client Silent Witness, a tariff classification ruling.

You have submitted information regarding FareView Mobile Kit, the System Administrator FareView Kit, and the System Installer Software Kit, which are described as follows:

FareView Mobile Kit consists of a Camera with illuminators & cable, control cable, trigger cable, power cable, controller recorder unit, and installation hardware kit. The analog camera, which operates by CMOS technology, has neither film nor internal recording mechanism. It takes an electronic still image of a passenger as he or she enters that back seat of a taxicab. The image is transmitted through a cable, and is digitized and recorded in the controller recorder unit. The image is stored on smart media within the recorder unit. The various cables assist in operation of the camera and recorder.

System Administrator FairView Kit consists of software on a CD, a power cable, a PC serial cable, a trigger cable, a control cable, a power supply, an installation manual, software application note, and CD packaging. The kit is used to configure the controller recorder unit and also to download and view images from the recorder unit. Thus the software has a visual component. The power cable and power supply is used to allow for the configuration of the recorder unit outside the taxicab.

The power source replaces the 12-volt battery that runs the recorder in the taxi.

System Installer Software Kit also consists of software on a compact disk, a control cable, a power supply, an installation manual, software application note, and CD packaging. The software for this kit is only used to configure the recorder unit outside the taxicab.

All three items are described as being sets. Explanatory Note X to GRI 3b provides that for the purpose of this rule, the terms “goods put up in sets for retail sale” shall be taken to mean goods which:

A. Consist of at least two different articles which are, prima facie, classifiable in different headings.

B. Consist of products or articles put up together to meet a specific activity; and

C. Are put up in a manner suitable for sale directly to users without repackaging (e.g. in boxes or cases or on boards).

It is the opinion of this office that the FareView Mobile Kit, the System Administrator FareView Kit, and the System Installer Software Kit, are all packaged for sale with their cables and other components do meet the three-part test and would all be considered sets. They are each composed of articles which are prima facie classified in different headings, together they perform the function of either taking and storing digital still images and recording them monitor, configuring the image recorder device or viewing still images. All the kits are put up in a manner suitable for sale directly to users without repackaging (retail packaging furnished). Since the articles constitute a set and classification cannot be made in accordance with GRI 3(a), the essential character of the set must be determined in accordance with GRI 3(b). EN VIII to GRI 3(b) states that:

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 constituent material in relation to the use of the goods. After consideration it is the opinion of this office that the software of the System Administrator FareView Kit and the System Installer Software Kit impart the essential character of the both sets. It performs the dominant function and is the reason why a consumer would purchase the entire set.

As for the FareView Mobile Kit, both the camera and recorder unit are equally important to the set. In such a situation GRI 3C dictates that classification is based on the last item to appear in the tariff. Thus the set must be classified as an analog still camera without film.

The applicable subheading for the FareView Mobile Kit will be 8525.40.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other video camera recorders: Still image video cameras and other video camera recorders; Other Other. The rate of duty will be 2.1 percent ad valorem.

The applicable subheading for the System Administrator FareView Kit will be 8524.39.8000, HTS, which provides for 8524.39.8000, HTS, which provides for records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: Discs for laser reading systems: Other: Other. In accordance with TD 85-124 the duty will be assessed only upon the cost of the carrier medium.

The applicable subheading for System Installer Software Kit will be 8524.39.80, HTS, which provides for the United States (HTS), which provides for records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: Discs for laser reading systems: Other: Other. In accordance with TD 85-124 the duty will be assessed only upon the cost of the carrier medium.

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 Michael Contino at 212-637-7039.

Sincerely,

Robert B. Swierupski
Director

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