H335773

H335773 May 22, 2025 OT:RR:CTF:EMAIN H335773 MFT CATEGORY: Classification TARIFF NO.: 8525.89.30 Center Director, Electronics C.E.E. U.S. Customs and Border Protection 301 E. Ocean Blvd. Long Beach, CA 90802 ATTN: Dirik J. Lolkus, Supervisory Import Specialist RE: Application for Further Review of Protest No. 2704-23-167714; Classification of a Baby Monitor Set Dear Center Director: The following is our decision on the Application for Further Review (AFR) of Protest No. 2704-23-167714, which was filed on August 16, 2023, on behalf of Exclusive Group, LLC, d/b/a Binatone North America (protestant). The protest concerns the classification by U.S. Customs and Border Protection (CBP) of a certain baby monitor set under the Harmonized Tariff Schedule of the United States (HTSUS). We note that the protestant requested an opportunity to orally discuss the issues in this matter per Section 177.4 of Title 19 of the Code of Federal Regulations (19 C.F.R. § 177.4) but failed to respond to several attempts to schedule a conference. Therefore, we are issuing this decision based on the presented and available facts. FACTS: The merchandise under consideration consists of a baby monitor set from China described as the “Nursery Pal Deluxe.” The Nursery Pal Deluxe includes: a wireless camera described as the “Baby Unit”; a five-inch touchscreen monitor described as the “Parent Unit”;1 a multi-surface mount for the camera; a protective bumper for the monitor; and power adapters. 1 The protestant refers to the subject touchscreen monitor as the “Parental Unit” and “Parent Unit” interchangeably. Given that the product literature only refers to the touchscreen monitor as the “Parent Unit,” we will refer to the touchscreen monitor as such. The retail packaging for the Nursery Pal Deluxe identifies each of the five items listed above in a section titled “What’s in the box.” The wireless camera, or “Baby Unit,” consists of: a light sensor; a camera lens; infrared LEDs; a microphone and speaker; a temperature sensor; screw holes for the multi-surface mount; a 1,200 mAh rechargeable battery; a “PAIR” button for wireless connectivity; and a privacy protector to block the camera lens. While the Baby Unit lacks the ability to record images on the camera itself, it can connect to a 2.4 GHz Wi-Fi signal, enabling the user to remotely view the camera’s live video feed from the “HubbleClub” smartphone app and record the live video feed to a smartphone’s internal storage. The app also allows users to monitor notifications for temperature levels, noise, and detected motions. The touchscreen monitor, or “Parent Unit,” is a device that consists of: a five-inch touchscreen display; an external, adjustable radio-frequency (RF) antenna; a volume control switch; a flashlight; a speaker; a reset pinhole; a power socket; a rotatable ring stand for supporting the device upright on a surface; and a 2,100 mAh lithium-ion rechargeable battery. The Parent Unit can receive and display the live video feed from the camera via an RF signal. When viewing the video feed from the Parent Unit, users can use the touchscreen to pan and tilt the camera view. Like the camera, the Parent Unit does not have any in-built capability of recording the images. It comes equipped with Linux-based software that allows users to play preloaded lullabies, soothing sounds, digital picture books, and educational games and videos. The camera and monitor are pre-registered and linked together when put up for retail sale, obviating the need for end-users to pair the devices together during initial setup. The monitor can connect to four cameras at a time, and users may switch between the four different camera feeds from the monitor itself. Upon startup, the monitor defaults to the camera view; no further input from the user is required to access the camera feed. The secondary media features – i.e., the lullabies, sounds, books, games, and videos – are accessible from a separate, hidden menu bar. To access these secondary features, users must swipe up from the bottom of the screen to reveal the menu bar, and then tap either the “play” symbol (for lullabies, sounds, and books) or the “Hubble Baby” icon (for games and videos). We note that the merchandise’s user guide refers to the set as a “baby monitor” and welcomes users by highlighting the remote monitoring features: Thank you for purchasing the Smart Video Baby Monitor. Now you can see and hear your baby sleeping in another room[,] or you can monitor your older children in their play[]room. Our Connected Baby Monitor let[s] you see your baby from the hand-held viewer, or from your smartphone. Watch over and communicate with your baby from anywhere in the world. ISSUES: Whether the subject touchscreen monitor, or “Parent Unit,” is classified under heading 8527, HTSUS, as a “reception apparatus for radiobroadcasting,” or under heading 8528, HTSUS, as a “monitor.” 2 Whether the subject baby monitor set is classified under heading 8525, HTSUS, as a “television camera,” or under heading 8527, HTSUS, as a “reception apparatus for radiobroadcasting.” LAW AND ANALYSIS: A decision on classification and the rate and amount of duties chargeable is a protestable matter under 19 U.S.C. § 1514(a)(2). The protestant timely filed this protest on August 16, 2023, within 180 days of liquidation of the first entry pursuant to 19 U.S.C. § 1514(c)(3). Further review of Protest No. 2704-23-167714 is properly accorded to the protestant per 19 C.F.R. § 174.24(b), as the decision against which the protest was filed is alleged to involve questions of law or fact which have not been ruled upon by CBP. Specifically, the protestant alleges that there has not been a previous ruling from CBP involving the classification of a baby monitor set put up for retail sale consisting of a “Linux-based, RF-enabled smartphone-like device with music and video-playing capability.” The protestant entered the subject merchandise on June 13, 2022, under heading 8527, HTSUS, as a “reception apparatus for radiobroadcasting.” On February 24, 2023, CBP liquidated the subject merchandise under heading 8528, HTSUS, which provides for “monitors [. . .] not incorporating television reception apparatus,” as well as subheading 9903.88.15, HTSUS. Classification under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods will be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 will then be applied in order. In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System, which constitute the official interpretation of the HTSUS at the international level, may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading and are generally indicative of the proper interpretation of the HTSUS.2 GRI 3 governs the classification of goods classifiable under two or more headings. GRI 3(a) states that “the heading which provides the most specific description shall be preferred to headings providing a more general description.” GRI 3(b) states, in pertinent part, that goods put up in sets for retail sale that cannot be classified by reference to GRI 3(a) are to be classified as if they consisted of the component that gives them their essential character. GRI 3(c) states that when goods cannot be classified by reference to GRIs 3(a) or 3(b), they are to be classified in the heading that occurs last in numerical order among the competing headings which merit equal consideration. The HTSUS headings under consideration are as follows: 8525 Transmission apparatus for radio-broadcasting or television, whether or not incorpora

A decision on classification and the rate and amount of duties chargeable is a protestable matter under 19 U.S.C. § 1514(a)(2). The protestant timely filed this protest on August 16, 2023, within 180 days of liquidation of the first entry pursuant to 19 U.S.C. § 1514(c)(3). Further review of Protest No. 2704-23-167714 is properly accorded to the protestant per 19 C.F.R. § 174.24(b), as the decision against which the protest was filed is alleged to involve questions of law or fact which have not been ruled upon by CBP. Specifically, the protestant alleges that there has not been a previous ruling from CBP involving the classification of a baby monitor set put up for retail sale consisting of a “Linux-based, RF-enabled smartphone-like device with music and video-playing capability.” The protestant entered the subject merchandise on June 13, 2022, under heading 8527, HTSUS, as a “reception apparatus for radiobroadcasting.” On February 24, 2023, CBP liquidated the subject merchandise under heading 8528, HTSUS, which provides for “monitors [. . .] not incorporating television reception apparatus,” as well as subheading 9903.88.15, HTSUS. Classification under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods will be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 will then be applied in order. In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System, which constitute the official interpretation of the HTSUS at the international level, may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading and are generally indicative of the pro