CLA-2-85:OT:RR:NC:N1:108

Mr. Christopher Garcia
Kuehne & Nagel Inc.
8200 Boggy Creek RD/#600
Orlando, FL 32824

RE: The tariff classification of presentation remote control apparatuses from China.

Dear Mr. Garcia:

In your letter dated February 21, 2008, on behalf of SMK Electronics, you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

The subject merchandise, based on the submitted samples, is radio frequency presentation remote controls, model numbers VP4910, VP4350R, and VP4170. These apparatuses are designed for and solely used with automatic data processing machines. They are handheld devices that enable the user to remotely control an ADP unit, while making a PowerPoint slide show presentation without having to directly access the ADP unit.

The first sample is a radio frequency remote control that is identified as the “RemotePoint® Jade Presentation Remote,” model number VP4910. This apparatus has the ability to remotely change slides as well as having the subsidiary functions of a computer mouse and a laser pointer for enhanced wireless control of a presentation.  The second sample is also a radio frequency remote control, which is referred to as the “RemotePoint Global Presenter,” model number VP4350R. This remote control global presenter is an executive PowerPoint presentation remote with the subsidiary functions of a laser pointer and a mouse. The third item is denoted as the “RemotePoint Navigator,” model number “VP4170, which is a radio frequency remote control that can remotely change the slides of a presentation and can start a blank presentation. It also has the subsidiary function of a laser pointer.

When the subject merchandise is imported with its accessories, as a set for tariff classification purposes, the radio remote control imparts the essential character of the set. Furthermore, it has been determined that the principal function of these multifunction machines is performed by the radio remote control.

The applicable subheading for all three radio frequency remote control presenters will be 8526.92.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio remote control apparatus. The rate of duty will be 4.9 percent ad valorem.

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