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NY K87342




July 13, 2004
CLA-2-85:RR:NC:1:110 K87342

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.0050

Mr. Eugen Cretu
EC International LLC
P.O. Box 71735
Madison Heights, MI 48071

RE: The tariff classification of detector from China.

Dear Cretu:

In your letter dated June 24, 2004 you requested a tariff classification ruling.

The merchandise under consideration is the Universal Diaper Monitor. This product is for infants and incontinent patients of all ages. It alarms wirelessly the parent or attendant by sound and visually that a diaper needs to be changed. The Universal Diaper Monitor is imported complete and packaged together with a Detector, Pager, Diaper support and Instructions.

The Detector is a small battery operated electronic device that is attached to a diaper. It contains 10 sensors for detecting presence of waste, fullness levels, wearer motion, sound, body temperature, surrounding temperature and if the wearer wanders from the perimeter. The Pager is a small battery operated electronic device which receives signals form the Detector and provides a sound and visual alert. The Diaper support helps the Parent or Attendant to fasten the detector on the diaper.

The General Rules of Interpretation (GRIs) of the Harmonized Tariff System (HTS) governs the classification of goods put up in sets for retail sale. GRI 3(b) provides, in relevant part, that goods put up for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The Explanatory Notes (ENs) of the HTS provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. According to the ENs for GRI 3(b), “goods put up in sets for retail sale” refers to goods which: consist of at least two different articles which are, prima facie, classifiable in different headings; consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repackaging. As imported, the Universal Diaper Monitor meets the definition of a set.

The applicable subheading for the Universal Diaper Monitor will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical sound or visual signaling apparatusOther apparatus: Other.” The general rate of duty will be 1.3 percent ad valorem.

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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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