lcd display module hs code supplier

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This is in response to your letter, dated December 02, 2008, to the National Commodity Specialists Division of U.S. Customs and Border Protection (“CBP”) in which you requested a binding ruling, on behalf of Optrex America, Inc., on the tariff classification of certain liquid crystal display (“LCD”) modules under the Harmonized Tariff Schedule of the United States (“HTSUS”). Your request was forwarded to this office for a response. In reaching this decision, we reviewed the product samples and schematics included with the submission.

(models A-55362GZU-T-ACN and A-55361GZU-T-CAN) and (2) the “T” prefix modules (models T-51440GL070H-FW-AF, T-51863D150J-FW-A-AA and T-55336D175J-FW-A-AAN).

The “A” prefix modules are LCD character displays used in automobiles. They contain drive circuitry capable of illuminating segments, characters or icons, but require an external microprocessor to instruct the drive circuitry to turn on or off. Model A-55362GZU-T-ACN is an automotive LCD radio display with message center capacity for Bluetooth connection status, climate control, a clock, and a compass. It contains approximately 25 segment-style characters, most of which display a full range of numbers and letters, and 50 permanently etched icons. The display measures approximately 7 inches in length, 2.5 inches in height, and 1 mm in thickness. Model A-55361GZU-T-ACN is an automotive LCD message display with radio, climate, and other limited display capabilities. It contains approximately 72 segment-style characters, most of which are capable of displaying a full range of numbers and letters, and 60 permanently etched icons. The display measures approximately 7 inches in length, 2.75 inches in height, and 1 mm in thickness.

The “T” prefix modules are thin-film transistor (“TFT”) LCD graphic displays for monitors of various types. As imported, the devices are not complete monitors; they contain drive circuitry, but lack a controller chip or card required to process signals. Models T-51863D150J-FW-A-AA and T-55336D175J-FW-A-AAN also lack an external power supply. Model T-51440GL070H-FW-AF is a 7 inch, 480 x 234 color display for automobile entertainment monitors. It is composed of a TFT cell, driver integrated circuits (“ICs”), a timing controller IC, a backlight unit, an inverter DC/DC converter, and a video circuit. Model T-51863D150J-FW-A-AA, is a 15 inch, 1034 x 768 XGA color display for monitors used in aviation and marine applications. It is composed of a TFT cell, driver ICs, a control circuit, a backlight unit, and a DC/DC converter. Model T-55336D175J-FW-A-AAN, is a 17.5 inch, 1280 x 768 WXGA color display for monitors used in medical and aviation applications. It is composed of a TFT cell, driver ICs, a control circuit, a backlight unit, and a DC/DC converter.

LCDs are prima facie classifiable in the following HTSUS headings: 8528, which provides for monitors and projectors not incorporating television reception apparatus; 8531, which provides for electric sound or visual signaling apparatus; and 9013, which provides for liquid crystal devices not provided for more specifically in other headings. By the terms of heading 9013, HTSUS, CBP first considers classification in headings 8528 and 8531, HTSUS. If an LCD does not meet the terms of those headings, it is classified in heading 9013, HTSUS. See Sharp Microelectronics Technology, Inc. v. United States, 932 F.Supp. 1499 (Ct. Int’l. Trade 1996), aff’d, 122 F.3d 1446 (Fed. Cir. 1997). See also Headquarters Ruling Letter (“HQ”) 959175, dated November 25, 1996.

You submit that the “A” prefix LCD character modules are classified in subheading 8531.20.00, HTSUS, as “Electric sound or visual signaling apparatus …: Indicator panels incorporating liquid crystal devices (LCD’s).”

It is well established that only those LCDs which are limited by design and/or principal use to “signaling” are classifiable in heading 8531, HTSUS. See Optrex America, Inc. v. United States, 427 F. Supp. 2d 1177 (Ct. Int’l Trade 2006), aff’d, 475 F.3d 1367 (Fed. Cir. 2007) (“Optrex”). See also, HQ H02661, dated July 8, 2008, HQ H012694, dated August 31, 2007, and HQ H003880, dated March 27, 2007. In Optrex, the Court of International Trade (“CIT”) explained that to be classified as an indicator panel incorporating LCDs under heading 8531, HTSUS, “the article must belong to the class or kind of merchandise that is principally used to display limited information that is easily understood by the person viewing it.” Optrex, 427 F. Supp. 2d at 1198. Further, the CIT accorded the “80 character rule” – guidance developed by CBP to determine whether a character display module is principally used for signaling – “some deference” under Skidmore v. Swift & Co., 323 U.S. 134 (1944), as a reasonable interpretation. According to the 80 character rule, if a character display module can display no more than 80 characters, then, in the absence of any information to the contrary, it is deemed to belong to the class or kind of merchandise that is principally used for signaling. Optrex, at 1199.

In Optrex, the court classified LCD segmented character modules with permanently etched icons capable of displaying no more than 80 characters, and containing drive circuitry, in heading 8531, HTSUS, as signaling apparatus. See Optrex, 427 F. Supp. 2d at 1199, aff’d, 475 F.3d 1367 (Fed. Cir. 2007). The instant “A” prefix LCD character modules are similarly operationally limited to performing signaling functions. They contain permanently etched icons that display, in 80 characters or less, limited information of the type an automobile driver would easily understand, e.g., velocity in miles per hour, the time, the temperature, music controls, etc. Moreover, they include the drive circuitry necessary to illuminate a particular segment, character or icon in the LCD based on signals transmitted from an external microprocessor. The functions performed by these modules are akin to those performed by the products listed as exemplars in the ENs to heading 8531. As such, we conclude that the “A” prefix modules are classified in heading 8531, HTSUS, as signaling apparatus.

You submit that the “T” prefix TFT graphic display modules are classified in subheading 9013.80.70, HTSUS, as “Liquid crystal devices not constituting articles provided for more specifically in other headings; …: Other devices, appliances and instruments: Flat panel displays other than for articles of heading 8528, except subheadings 8528.51 or 8528.61 [of a kind solely or principally used in an automatic data processing (“ADP”) system of heading 8471].” As noted above, an LCD can only be classified in 9013, HTSUS, if it is not more specifically described elsewhere, namely, in heading 8528, HTSUS, as monitors, or in heading 8531, HTSUS, as signaling apparatus.

Heading 8528, HTSUS, provides, in pertinent part, for “Monitors and projectors, not incorporating television reception apparatus.” To be classified as a monitor, a device must be capable of accepting, processing, and transmitting video or ADP signals. The subject modules cannot be classified as monitors because, as imported, they lack the necessary circuitry to accept, process, and transmit a video or ADP signal. The modules are also beyond the scope of heading 8531, HTSUS, which provides for signaling apparatus, because their use is not limited to that of signaling. That is, if connected to the appropriate controller circuitry, they can display an unlimited number of images. Accordingly, we turn to heading 9013, HTSUS.

Heading 9013, HTSUS, provides, in pertinent part, for “Liquid crystal devices not constituting articles provided more specifically in other headings.” LCDs of heading 9013, HTSUS, can be classified under one of two subheadings: 9013.80.70 or 9013.80.90. Subheading 9013.80.70, HTSUS, provides for: “Other devices, appliances and instruments: Flat panel displays other than for articles of heading 8528, except subheadings 8528.51 or 8528.61 [of a kind solely or principally used in ADP system of heading 8471].”

The “T” prefix modules are flat panel displays for use in monitors of heading 8528, HTSUS. You did not provide sufficient evidence to show that the modules are “for” articles of subheadings 8528.51 (of a kind solely or principally used with an ADP system) or 8528.61 (projection monitors). Accordingly, the exception to subheading 9013.80.70, HTSUS, does not apply. We conclude that the modules are classified in subheading 9013.80.90, HTSUS, as: “Liquid crystal devices not constituting articles provided for more specifically in other headings; …: Other devices, appliances and instruments: Other.”

By application of GRI 1, the “A” prefix LCD modules, models A-55362GZU-T-ACN, A-55361GZU-T-ACN, are classified in heading 8531, specifically in subheading 8531.20.00, HTSUS, which provides for “Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: Indicator panels incorporating liquid crystal devices (LCD’s) for light emitting diodes (LED’s).” The 2009 column one, general rate of duty is Free.

By application of GRI 1, the “T” prefix TFT graphic display modules, models T-51440GL070H-FW-AF, T-51863D150J-FW-A-AA, and T-55336D175J-FW-A-AAN, are classified in heading 9013, specifically in subheading 9013.80.90, HTSUS, which provides for “Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof: Other devices, appliances and instruments: Other.” The 2009 column one, general rate of duty is 4.5 percent ad valorem.

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A monitor may be intended for a specific purpose, such as medical systems to display clinical data or navigation systems to display data. If a monitor directly connects to a computer and is designed for use with one, it’s not considered to be solely or principally used with a computer system of heading 8471. Therefore, it is classified under subheadings 8528 52 91 or 8528 52 99, depending on the technology (for example, if it has a LCD display).

LED (light emitting diode) walls intended for outdoor viewing comprise several modules made of tiles, each tile contains red, green and blue LED’s. They also have a video processor and a signal processor, allowing signal inputs and scaling of images and video to be displayed. They are classified under subheading 8528 52 99.

A LED tile, whether connected to other tiles, that does not include a video processor, is classified as a part of a monitor under subheading 8529 90 92. This is because the tile cannot display video images directly originating from video source and can only display signals originating from a dedicated video processor.

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CN Code :8528.72.40Baby video surveillance system, NUK Eco Control Video, Art. 20. 256. 296- from a mains and battery powered camera with image sensor - identifying main activity - combined with radio transmitter / receiver, microphone, speaker and sound module in a housing with infrared LEDs, controls, and antenna (so-called. Baby Unit) (see Appendix Figure) - a network and akkumulatorbetriebenen video monitor with 2.8 "" color LCD (screen format 4: 3; Resolution: 320 x 240 pixels) with radio receiver / transmitter and speaker in a housing with control, antenna and legs (so-called. Parent Unit) (Figure see Appendix), - for wirelessly receiving the video and audio signals from a camera mounted on a transmission frequency of 2.4 GHz for remote monitoring of babies - identifying main activity - and for remotely controlling functions of the baby unit, fixed for playing stored melodies (lullabies) - together with the accessories (battery, dual power supplies, instructions) in a common Verkaufsumschließung. Neither the Babyeinehit nor the parent unit determine the character of the whole. "Television receiver with video screen for multi-color image, no Projektionsfernseh- device without video recording or reproducing apparatus having a display screen with liquid crystal display (LCD), the set of television receiver - characterizing principal function - combined with remote control and TV camera - identifying main activity - combined with radio transmitter / receiver and sound module - without charakterbestimmendem part - and Subordinate accessory pack ".

CN Code :8528.72.40Video surveillance system for infants - a set consisting of the following elements: camera with built-in transmitter, microphone and speakers, wireless color monitor with LCD display and built-in receiver, two power supplies and battery. Kit is designed to monitor the infant at a distance. The monitor also displayed is the temperature in the room where the infant resides. The camera also transmits sound. In addition, the unit containing the monitor can be sent to the camera preset tunes or talk to the child. Signals are sent from the camera to a monitor with a frequency of 2.4 GHz in the range of 300 meters....

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