The tariff classification of a white noise machine from China.

N042716 November 14, 2008 CLA-2-85:OT:RR:NC:1:108 CATEGORY: Classification TARIFF NO.: 8519.81.4050 Ms. Marsha L. Dawson Graco Children’s Products, Inc. 150 Oaklands Blvd. Exton, PA 19341 RE: The tariff classification of a white noise machine from China. Dear Ms. Dawson: In your letter dated October 22, 2008, you requested a tariff classification ruling. The subject merchandise, based on the submitted sample and information, is a composite good that is referred to as the Sweet Slumber™ sound machine. This device, measuring about 4 ¾ inches in height, is a cylindrical plastic white noise machine, which utilizes Mask ROM-chip technology and can operate by means of four batteries or an AC/DC adaptor. It has a translucent-top cover which when depressed activates the full power of a built-in night-light as well as the night-light travel lock; it also has a top-frontal button that when depressed simultaneously activates the white noise machine and a portion of the night-light. When the white noise machine is activated, various nature-like sounds and soothing white noise effects, as well as various lullaby melodies, are reproduced in noting there is no recording capability. In the rear of this machine, there are buttons for changing the selection and controlling the volume of the sound; and at the frontal midsection of this machine, there is a 60-minute sound-timer button that will light up when the timer is activated and will begin flashing before the device turns off. It is stated that the selected-soothing sound will continuously play until a different sound is selected or until the device is turned off by the timer. This machine has a bottom tray which, when rotated away from the base of the unit, displays a connector for such devices as MP3 and CD players; this tray also has the capacity to hold an MP3 player (not included), which when connected can be played through the machine’s speaker. Although this composite good incorporates a night-light, this feature is considered to be a subsidiary operation to the sound machine; subsequently, it has been determined that the subject merchandise primarily operates as a white noise machine for the purpose of reproducing sounds to comfort a baby, while masking annoying sounds that disturb a baby. Therefore, the essential character of this merchandise is imparted by the white noise machine. The applicable subheading for this white noise machine will be 8519.81.4050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sound recording or reproducing apparatus: Other apparatus: Using magnetic, optical or semiconductor media: Other: Other. The rate of duty will be Free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Lisa Cariello at (646) 733-3014. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division