CLA-2-85:OT:RR:NC:N2:209
Meredith DeMent
Baker McKenzie LLP
815 Connecticut Avenue, NW
Washington, DC 20006
RE: The tariff classification of an RF wrist band from China
Dear Ms. DeMent:
In your letter dated August 29, 2019, you requested a tariff classification ruling on behalf of your client, Disney Worldwide Services, Inc.
The item concerned is referred to as “Disney MagicBands”. This electronic device is a wearable wristband containing both active and passive radio frequency (RF) modules. MagicBands contain a high frequency RF transceiver module. The RF module enables the MagicBands to communicate with RF readers using a Disney wireless network protocol. The active RF portion of the band converts a unique digital identification number stored on the band into RF signals that are transmitted to long-range readers at Walt Disney World.
The RF technology within the MagicBands allows guests to wirelessly access certain areas within Walt Disney World, such as hotel rooms or attractions. They enable guests to have interactive and personalized experiences, and they provide information used to optimize the experience.
The applicable subheading for the “Disney MagicBands” will be 8517.62.0090, HTSUS, which provides for “Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the 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), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: 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 general rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8517.62.0090, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8517.62.0090, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Steven Pollichino at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division