“Video Scope, Digital, Wireless,” classified as a Camera(8525) or Monitor(8528)?
This article is regarding the Revocation of CBP ruling “N225535”

Source:fiberoptictoolsupply.com

In NY N225535, CBP classified an article identified as the “Video Scope, Digital, Wireless,” part number BK8000, which is used for automotive and industrial video inspection.

The BK8000 consists of a battery-powered handle attached to a television-type camera that transmits video images using wireless 802.11 protocols to a battery-powered LCD monitor that is connected to the camera via a cable.

The LCD monitor has a diagonal screen size of 4.3 inches and contains inbuilt internal recording capability.

The BK8000 is described on an industry website as a “Digital Wireless Video Scope from Snap-on [that] offers exceptional capabilities for inspecting hard-to-see places.” See http://www.fiberoptictoolsupply.com/blog/snap-on-bk8000-digital-wireless-video-scope/

The following HS provisions are under consideration:

8525
Transmission apparatus for radio-broadcasting or television,
whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras
and video camera recorders

8528
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

Section XVI Note 3 provides:
3. – Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function

in NY N225535, CBP classified the subject inspection system as a composite machine of heading 8528, pursuant to GRI 3(c).

The subject merchandise at issue in N225535 are composite machines in that they consist of two or more machines of Section XVI, specifically cameras of heading 8525, and monitors of heading 8528, that are fitted together to form a whole.

As such, pursuant to Section XVI Note 3, cited supra, they are to be classified as if consisting only of that component that performs the principal function.

The product literature available on the website links set forth above indicates that the subject articles are designed and marketed as camera inspection systems (or “scopes”) for difficult-to-access spaces.

As such, the camera components perform the essential function of capturing images that enable visual inspection.

As the monitors merely display the captured images, and images recorded on a SD storage card may be displayed on devices other than the monitor, the monitors do not perform the principal function of the subject inspection systems and their role is subsidiary to that of the cameras.

In this regard, we find that the display component of the instant inspection system functions the same as the optical viewfinder or LCD commonly found on digital video cameras of heading 8525.

See Explanatory Note 85.25(B).1 Accordingly, pursuant to Section XVI Note 3, the subject composite articles are to be classified under heading 8525 as if consisting only of the camera components.

By application of GRI 1 and Section XVI Note 3, the “Video Scope, Digital, Wireless” (part number BK8000) are classified under heading 8525.

Controllable Shading system classified as Curtain(6303) or Machine(8479)?

This article is regarding the Revocation of CBP ruling “N010048”

Source: User manual | Technical Reference Guide – Lutron Sivoia QED systems

The systems aid in reducing glare, protecting furnishings from U/V damage and maximizing HVAC efficiency. The settings of both systems are electronically programmable so that window treatments can be programmed to stop at preset positions.

The systems can also be equipped to receive infrared control signals and may be controlled by hand-held remotes in addition to the keypad controls.

In NY “N010048“, U.S. Customs & Border Protection (CBP) classified Shading system in heading 8479 (other machines and mechanical appliances)

After the issuance of the ruling, they have reviewed NY “N010048” and determined that the ruling is in error.
Accordingly, for the reasons set forth below, CBP is revoking “N010048“.

8479 :
Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof:

6303 :
Curtains (including drapes) and interior blinds; curtain or bed valances:

GRI 3(a) and (b) provide as follows:
When, by application of rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:

(a) The heading which provides the most specific description shall be
preferred to headings providing a more general description. However,
when two or more headings each refer to part only of the materials or
substances contained in mixed or composite goods or to part only of the
items in a set put up for retail sale, those headings are to be regarded
as equally specific in relation to those goods, even if one of them gives
a more complete or precise description of the goods.

(b) Mixtures, composite goods consisting of different materials or made up
of different components, and goods put up in sets for retail sale, which
cannot be classified by reference to 3(a), shall be classified as if they
consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

In NY “N010048“, CBP determined that the essential character of the controllable shading system was imparted by the QEDs.
However, consistent with prior rulings,  we find that the function of the quiet electronic drive units(“QEDs”) is/are ancillary to the function of the shade, which protects a space from sunlight and provides privacy.

See New York Ruling Letter (“NY”)N293716 (Feb. 21, 2018) (stating that the shade provided the essential character to the motorized window shade because “the lifting and lowering mechanisms of the window shade are ancillary to the protection the shade provides”);

see also Headquarters Ruling Letter (“HQ”) 955432 (Aug. 4, 1994 (stating that the screening material imparts the essential character to the shade and heat retention systems because it “controls the environment of the structures in which the shade and heat retention systems at issue operate”).

Similarly, the function of the remaining components, specifically, the hem bars, roller tubes, roller bulk idlers, brackets and associated hardware, are also ancillary to the function of the shades.

Accordingly, the shades impart the essential character to the subject merchandise. The subject merchandise, therefore, is classified under heading 6303, HTSUS, which provides for “Curtains (including drapes) and interior blinds; curtain or bed valances.”

Under the authority of GRIs 3(b) and 6 the controllable shading system is classified under heading 6303, which provides for “Curtains (including drapes) and interior blinds; curtain or bed valances.”

Source:Customs Bulletin Weekly, Vol. 54, September 30, 2020, No. 38

Audio accessory kit. It consists of a car charger adapter, a dual earphone splitter, earphones, and a USB cable.

These Audio accessory kits classified separately? or sets for retail sale?

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level.

Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that:

(a)consist of at least two 2 different articles which are, prima facie, classifiable in different headings;

(b) consist of articles put up together to meet a particular need or carry out a specific activity;

(c) are put up in a manner suitable for sale directly to users without repacking.

The assortment fulfills the requirements of (a) and (c) above but fails (b).
The function of each component does not join that of the others in a way that meets a particular need or carries out a specific activity.
The activities of the components are independent of each other.

This is a collection of related items but is not set for tariff purposes. Therefore, each of the components within the iPod accessory kit will be classified separately under its respective heading.

The applicable subheading for the car charger adapter will be 8504.40 which provides for electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof: static converters: other: other.

The applicable subheading for the dual earphone splitter will be 8536.69, which provides for electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders and other connectors, junction boxes), for a voltage not exceeding 1,000 V: lamp-holders, plugs and sockets: other: coaxial connectors; cylindrical multicontact connectors…: cylindrical multicontact connectors.

The applicable subheading for the earphone/headset will be 8518.30, which provides for headphones and earphones, whether or not combined with a microphone…other.

The applicable subheading for the USB cable will be 8544.42, which provides for insulated wire, cable…: other electric conductors, for a voltage not exceeding 1,000V: fitted with connectors: other: of a kind used for telecommunications.

The applicable subheading for the nylon bi-fold cover, whether imported separately or as part of the kit, will be 6307.90, which provides for other made-up textile articles, other.

Source: Customs Bulletin Weekly, Vol. 54, December 16, 2020, No. 49

Pizza delivery bag classified as
textile product(6307)?
plastic product(3926)?
or bag(4202)?

This article is regarding the Revocation of CBP ruling “H304836”

Source:shesgotflavor.com

A pizza delivery bag item number FG9F3600. It measures approximately 16” square and 4” deep.

It is made of woven nylon fabric with polyester fiberfill.
There are webbed carry straps and the bag closes with hook-and-loop fastener strips.

Importer stated that the proper classification for these bags is 4202.92, which provide for insulated food or beverage bags, with outer surface of textile materials, other, of man-made fibers.
However, customs dismissed the importer’s claim and classified it in 6307.90 textile articles NY N020627.

Later Customs determined that the rulings are in error, therefore they reconsider the classification process whether the insulated pizza delivery bags are properly classified in heading 4202, as insulated food or beverage bags, in heading 3923, as articles for the conveyance or packing of goods, of plastics; or in heading 6307,  as “Other made up articles.”

3923
Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics:

-3923.10
Boxes, cases, crates and similar articles:

4202
Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases,holsters and similar containers;traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper:

-4202.92
With outer surface of sheeting of plastics or of textile materials:

6307
Other made up articles, including dress patterns:

-6307.90
Other:

The EN for heading 4202 states that “the expression ‘insulated food or beverage bags’ covers reusable insulated bags used to maintain the temperature of foods and beverages during transport or temporary storage.”

In HQ 953458, dated April 16, 1993, a soft-sided insulated cooler/picnic bag was classified in heading 4202, HTSUS, as a “travel, sports and similar bag.”

CBP compared the soft-sided cooler bag to a backpack and determined that both were used to transport food (whether perishable or not) during travel.

The pizza delivery bags, food delivery bags and grocery delivery bags at issue are reusable, are insulated, and are designed precisely to maintain the temperature of food and beverages during transport therefore it’s classified in heading 4202, based on the eo nomine provision.

The language from the EN for heading 4202 states that reusable insulated bags used to maintain the temperature of foods and beverages during transport or temporary storage are classified in heading 4202. In accordance with GRI 6, insulated pizza delivery bags, food delivery bags and grocery bags are classified in subheading 4202.92.

“Wooden frame Mirror affixing to Closet System” classified as Wooden furniture(HS:9403.50)or Other furniture(HS:9403.89)?

This article is regarding the Revocation of CBP ruling “N304224”

Source: containerstore.com

The Container Store SKU number 10071373, the “Birch Frame Glass Mirror with Metal Brackets,” is a glass mirror with birch wood surrounds and 4 metal brackets designed for affixing to the Elfa standard uprights found in the Elfa Closet System.

It’s not classified as heading 7009, because the mirrors, in this case, are unit furniture, they are not properly classified in heading 7009.

EN heading 7009 states that
however, that mirrors converted into parts of articles of furniture of Chapter 94 (e.g., wardrobe doors) are classified with those articles of furniture.

In NY N304224, U.S. Customs & Border Protection (CBP) classified a framed mirror that is a component of a closet system in subheading 9403.50.(Wooden furniture of a kind used in the bedroom:)

After the issuance of the ruling, they have reviewed NY N304224 and determined that the ruling is in error.
Accordingly, for the reasons set forth below, CBP is revoking NY N304224.

The Elfa mirror is a composite good, made of both glass and wood, which can therefore be classified in two headings and therefore, is not classifiable under GRI 1. Pursuant to GRI 3(b), we must consider both the wood and glass to determine the essential character of the article.

9403
Other furniture and parts thereof:

–9403.50
Wooden furniture of a kind used in the bedroom:
–9403.89
Other:

The reflective glass surface of the mirror is the material that is functional to the use of the good, is the major component of the article in size, and would impart its essential character.

Therefore, the mirror would not be classified in subheading 9403.50, HTSUS. The wood frame does not impart the essential character of the article so it would not be considered wooden furniture. Based on the above, pursuant to GRI 3(b), the mirror is classified in subheading 9403.89 as other furniture.

Source:CUSTOMS BULLETIN AND DECISIONS, VOL. 54, NO. 49, DECEMBER 16, 2020