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Customs Ruling of the Week – Classification of Tablet for Children

By Frances P. Hadfield & Rebecca Toro Condori on April 7, 2020
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In ruling NY N310447, Customs and Border Protection (CBP) discussed the Kurio Next Tablet,  a portable personal computer intended for use by children ages three and older. The tablet comes preloaded with the Android 8.1 Oreo operating system and is equipped with a quad core processor, a 16 GB storage, a 7” touchscreen display, a speaker, wireless connectivity, front and rear cameras, a micro SD card slot, a micro USB port, and a 2580 mAh rechargeable battery.  The tablet will be imported in retail packaging along with a power adapter, a protective bumper, a USB cable, and a user manual.

In use, the tablet introduces children to computing technology for the purpose of learning and entertainment.  The tablet offers preloaded applications such as web browsing, music and video streaming, interactive games, and other applications that can be installed through Google Play Store or Kidoz store.  Key features of this tablet are internet filtering, where a parent monitors online activity; time control management, which allows parents to limit screen time; and application management, which allows a parent to monitor and manage applications residing on the device.

CBP found that the tablet satisfies the requirements set forth in Chapter 85 Note 5(A) to be considered an automatic data processing (ADP) machine. Thus, CBP determined that the applicable subheading of the Kurio Next Tablet is 8471.30.0100, HTSUS, which provides for “Automatic data processing machines and units thereof; Portable automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard, and a display.”  The general rate of duty will be Free.

Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

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Photo of Rebecca Toro Condori Rebecca Toro Condori
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  • Posted in:
    Business and Commercial
  • Blog:
    International Trade Law
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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