CLA-2-85:OT:RR:NC:N1:109
Mr. Eric S. C. Wang
Dynasty Customs Broker, Inc.
Dynasty U.S.A. Group
1409 San Mateo Avenue
South San Francisco, CA 94080
RE: The tariff classification of Gioteck Bluetooth headsets from China
Dear Mr. Wang:
In your letter dated June 3, 2011 you requested a tariff classification ruling on behalf of your client, Goodbetterbest, Ltd., dba Video Games Accessories Manufacturer.
In your submission you requested the classification of three Bluetooth headsets. They were identified within your letter as Model EX-01, Model EX-02s, and Model TX-1. Samples of each were submitted for classification purposes. At this time, the classification of Model TX-1 cannot be rendered because additional information about this merchandise is necessary in order to determine if it communicates wirelessly via Bluetooth technology. Therefore, this ruling will only provide the classification of Model EX-01 and Model EX-02s. As such, the classification of Model EX-01 and Model EX-02s follows. You will find questions pertaining to Model TX-1 at the end of this ruling letter.
Model EX-01 is referred to as a Bluetooth headset. Model EX-02s is referred to as a next generation Bluetooth headset. Both models contain a transceiver microchip which provides two-way communication. They receive and transmit using a 2.4 GHz radio frequency (RF) signal from and to a video game console. The headsets receive an RF signal and convert it to sound waves for a player to hear. When a player speaks, the sound waves are converted to RF signals and sent back to the video game console, enabling all players on a PlayStation network to hear the audio and to speak to one another. Although your submission states that the Gioteck Bluetooth headsets are designed for home video game consoles, such as PS3, XBOX360, they are not exclusively for use with a gaming console. There is nothing about these products that prevent them from being used with other devices, such as a cellular telephone for 2-way communication, so long as the headsets are “paired” with the other devices.
Model EX-01 is a Bluetooth headset. It is an over-the-ear earphone (speaker) combined in the same housing with a microphone and radio reception/transmission apparatus (transceiver microchip), enabling the headset to communicate wirelessly with other apparatus. It contains an ear hook, an LED feedback indicator, buttons for volume increase/decrease and power/mute, and a rechargeable Lithium-ion polymer battery. It is imported with two spare over-the-ear hooks and a USB cable to recharge the battery. The headset utilizes Bluetooth (an open wireless protocol for exchanging data over short distances using radio waves), which enables the headset to communicate wirelessly with other devices that it is “paired” up with.
Model EX-02s is a next generation Bluetooth headset is an over-the-ear earphone (speaker) combined in the same housing with a microphone and radio reception/transmission apparatus (transceiver microchip), enabling the headset to communicate wirelessly with other apparatus. It contains an ear hook, an LED feedback indicator, buttons for volume increase/decrease and power/mute, and a rechargeable Lithium-ion polymer battery. It is imported with a spare over-the-ear hook and a USB cable to recharge the battery. The headset utilizes Bluetooth (an open wireless protocol for exchanging data over short distances using radio waves), which enables the headset to communicate wirelessly with other devices that it is “paired” up with.
The applicable subheading for the Gioteck Bluetooth headsets (Model EX-01 and Model EX-02s) will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), 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 area network): 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.
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.
In order to provide the classification of headset Model TX-1 a response to the following questions is needed.
1 – A physical examination of headset Model TX-1, which you submitted a sample of, reveals that it is a throat mic consisting of a microphone, earphone bud, adjustable neck band and an attached mini jack. The product literature states that the mini jack can be “plugged” into the bottom of an XBOX360. What is the purpose of headset Model TX-1 being “wired” into a device such as an XBOX 360 device (or any other device, for that matter)?
2 – Can headset Model TX-1 transmit and receive “wireless” without being wired into a device such as the XBOX360 via the 2.5mm mini jack? If so, what is the purpose of the 2.5mm mini jack and what is it that enables headset Model TX-1 to transmit and receive wirelessly? If not, please explain why headset Model TX-1 cannot transmit and receive wirelessly.
3 – Does headset Model TX-1 contain a transceiver microchip? If so, what is the purpose of the transceiver microchip specifically within headset Model TX-1?
4 – Does headset Model TX-1 transmit and receive via an open wireless protocol for exchanging voice and/or data over short distances using radio waves known as Bluetooth technology? If so, please explain this process.
5 – Does headset Model TX-1 contain a rechargeable battery? If so, what type of battery is it? If not, how does headset Model TX-1 obtain its power?
6 –What are all of the functions that headset Model TX-1 executes? In layman’s terms, please explain how headset Model TX-1 executes those functions.
7 – Is headset Model TX-1 an electroacoustic receiver used to produce low-intensity sound signals?
8 – Does headset Model TX-1 transform an electrical effect into an acoustic effect? If so, what other functions does headset Model TX-1 execute that distinguishes it from a headset that is provided for in heading 8518, whose function is to transform an electrical effect into an acoustic effect?
If you decide to resubmit your request, please refer to our file number N170023 and include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the ruling or the questions listed above, contact National Import Specialist Linda M. Hackett at (646) 733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division