“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.
