Mr. Pascale Panighel
Euro Communication Equipments
Route De Foix D117
Nevias 11500 France
RE: The tariff classification of a SuperTooth Disco 2 Bluetooth Wireless Speaker from the Philippines
Dear Mr. Panighel:
In your letter dated September 11, 2012 you requested a tariff classification ruling.
The merchandise subject to this ruling is a SuperTooth Disco 2 Bluetooth wireless speaker. It contains a CSR8645 Bluetooth chip that enables it to receive and transmit in the frequency range of 2.402-2.480 GHz. When paired with other Bluetooth devices, the unit communicates with those Bluetooth devices using a time division duplex scheme that alternates transmission and reception functions, and thus uses the same antenna to transmit and receive at different times. There is an internal BT radio, digital signal processor, and audio codec that are used to receive and decode streamed music from a mobile phone or any Bluetooth host device. There is also a headset that can communicate with other Bluetooth products that support AD2P/AVRCP Bluetooth profile. Contained within the SuperTooth Disco2 Bluetooth wireless speaker is an 8 cell nickel-metal hydride (NiMH) rechargeable battery, which can be charged by the 14 volt direct current (DC) charging input. The SuperTooth Disco2 Bluetooth wireless speaker utilizes a Bluetooth version 4.0, making it compatible to any Bluetooth enabled cellular phone for up to 15 hours of talk time and up to 800 hours of standby time. There are built-in buttons for adjustable volume, play/pause, and next/previous music search. The Bluetooth chip contained within has a 3.3 volt voltage regulation circuit, battery protection and a charging circuit.
The SuperTooth Disco2 Bluetooth wireless speaker is a composite machine because it consists of several machines fitted together to form a whole (a speaker, a CSR8645 Bluetooth chip, and a headset) which perform complimentary functions described in different headings of Section XVI of the Harmonized Tariff Schedule of the United States (HTSUS). In accordance with Note 3 to Section XVI, composite machines are classified as if consisting only of the component which performs the principal function. It is the opinion of this office that the principal function of the SuperTooth Disco2 Bluetooth wireless speaker is to receive and transmit radio signals to and from the cell phones and Bluetooth enabled music playback devices to which they are paired. The said function is performed by the CSR8645 Bluetooth chip, as a transceiver, enabling hands-free telephony and communication with Bluetooth music devices. Transceivers are classified in subheading 8517.62, which provides in part for transmission and reception apparatus… including apparatus for communication in a wired or wireless network. While speaker and headset are classified in heading 8518, that heading does not fully describe the merchandise at issue because it does not account for transceivers. Since the transceiver (CSR8645 Bluetooth chip) enables the headset to perform functions that distinguish it from the headsets classified in heading 8518, those functions being reception, transmission and decoding of streamed music from a mobile phone or any Bluetooth host device, when paired with other Bluetooth devices, the SuperTooth Disco2 Bluetooth wireless speaker is classifiable within subheading 8517.62, as a transceiver.
The applicable subheading for the SuperTooth Disco2 Bluetooth wireless speaker 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. If you have any questions regarding the ruling, contact National Import Specialist Linda M. Hackett at (646) 733-3015.
Thomas J. Russo
National Commodity Specialist Division