CLA-2-87:OT:RR:NC:N1:109
Mr. Jamey Miller
Director of Materials
Tendril
5395 Pearl Parkway, Suite 100
Boulder, CO 80301
RE: The tariff classification of a Tendril Translate/Link, Tendril Volt, and Tendril Relay from China
Dear Mr. Miller:
In your letter dated November 16, 2009 you requested a tariff classification ruling.
The merchandise subject to this ruling is Tendril Translate/Link, Tendril Volt, and Tendril Relay. Samples of each of these devices were furnished for classification purposes and are being returned to you as per your request.
The Tendril Translate/Link creates an AMR ERT and/or Cellnet Transmit-Only (CTO) – to the Tendril Transport Network ZigBee bridge. The Tendril Translate/Link is a meter bridge that allows consumers and utilities to leverage their existing AMR meter investments, while delivering consumers and utilities the information and control typically associated with “Smart Grid” implementations. The Tendril Translate/Link receives an ERT/CTO signal from an AMR meter and translates it into ZigBee for presentation to the consumer and the utility via a home area network.
You suggested classification of the Tendril Translate/Link under Harmonized Tariff Schedule of the United States subheading 8517.69.0000, which provides for "Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide are network): Other.” However, based on the statement within your letter, and confirmation from you via a telephone conversation, this merchandise not only receives an ERT/CTO signal, but also delivers information and control typically associated with “Smart Grid” implementation to consumers and utilities. As such, it is more specifically provided for in subheading 8517.62 as transmission and reception apparatus. Therefore, subheading 8517.69.0000 is inapplicable.
The Tendril Volt, you state in your letter, that it is plugged into an electrical outlet and a home appliance, e.g., a lamp, is plugged into it and it then “monitors energy efficiency.” Per the attached information, it does not directly “monitor energy efficiency,” but it “measures and transmits” to a central location in the home the “energy usage” of that appliance.
You suggested classification of the Tendril Volt under Harmonized Tariff Schedule of the United States subheading 8537.10.9070, which provides for “Boards, panels, consoles…and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…For a voltage not exceeding 1,000 V: Other: Other: Other.” However, its function is thus quite similar to the one for the item in New York Ruling Letter N048062 - 105, dated 1-27-09, classified in HTSUS 9028.30.00. Your item also adds the ability to transmit the measurement taken to a central location, but, as indicated by General Harmonized System Explanatory Note IV to Chapter 90, the integral measuring device provides the principal function in a telemetry device. As such, subheading 8537.10.9070 is inapplicable.
The Tendril Relay is a device that enhances the coverage and range of the in-home ZigBee wireless network for very large homes or hard to reach areas. During a telephone conversation, you confirmed that it enhances the coverage by receiving an incoming signal, boosting it, and retransmitting it.
You suggested classification of the Tendril Relay under Harmonized Tariff Schedule of the United States subheading 8517.69.0000, which provides for "Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide are network): Other.” However, based on confirmation from you via a telephone conversation, this merchandise not only receives an incoming signal, but also retransmits it once it boosts the signal. As such, the Tendril Relay is more specifically provided for in subheading 8517.62 as transmission and reception apparatus. Therefore, subheading 8517.69.0000 is inapplicable.
The applicable subheading for the Tendril Translate/Link and the Tendril Relay will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “"Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The rate of duty will be free.
The applicable subheading for the Tendril Volt will be 9028.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electricity meters.” The rate of duty will be 16 cents each plus 1.5 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 Linda M. Hackett at (646) 733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division