CLA-2-85:OT:RR:NC:N1:112
Ms. Julie Toms
Import Control Specialist
Polycom, Inc.
4750 Willow Road
Pleasanton, CA 94588
RE: The tariff classification of a video conferencing accessory kit from Thailand
Dear Ms. Toms:
In your letter dated November 02, 2009, you requested a tariff classification ruling and a country of origin marking determination.
The merchandise concerned is an accessory kit (part # 2215-24649-001), for a video conferencing system. The kit contains a cable kit (part # 2215-24651-001), an infrared remote control (part # 2001-52556-001), a power cord (part # 2215-10445-001) and a set of 4 plastic stick on feet (part # 2215-26133-001).
The cable kit (part # 2215-24651-001) consists of three insulated electric cable assemblies. The first cable assembly is a 4 conductor telecommunications cable, which incorporates RJ-11 connectors on both ends (part # 2457-20071-001). This cable is used to connect the video conference system to a standard telephone jack. The second cable assembly is an 8 conductor LAN cable, which incorporates RJ-45 connectors on both ends (part # 2457-23537-001.) This cable is used to connect the video conferencing system to a LAN system. The third cable assembly is a type of audio/video cable (part # 2457-24772-001). One end of this cable incorporates a DVI connector and 2 RCA connectors; the opposite end incorporates 5 RCA connectors. This particular cable assembly is constructed from 5 coaxial cables. It is used to connect the video conferencing system to a video monitor. The submission states that each of the three cable assemblies are produced in Thailand.
The infrared remote control (part # 2201-52556-001), is used to control the functions of the video conferencing system. The submission states that this remote control is produced in China.
The electrical power cord (part # 2215-10445-001), is used to provide electrical power to the video conferencing system. The submission states that the power cord is manufactured in China or Thailand.
The 4 stick on plastic feet (part # 2215-26133-001), are used to provide a soft, no scratch base for the video conferencing system. The submission states that the plastic feet are manufactured in China.
The accessory kit (part # 2215-24649-001), does not meet the criteria for treatment as a set under GRI 3. While the articles in the kit "consist of at least two different articles which are, prima facie, classifiable in different headings", it is our opinion that the contents of the kit do not "consist of products or articles put up together to meet a particular need or carry out a specific activity." The components of the kit are not intended to be used together, but rather are designed to meet the needs of separate and distinct tasks. Therefore, each of the components must be classified separately.
The applicable subheading for the 4 conductor telecommunications cable, (part # 2457-20071-001) will be 8544.42.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Fitted with modular telephone connectors.” The general rate of duty will be Free.
The applicable subheading for the 8 conductor LAN cable, (part # 2457-23537-001) will be 8544.42.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Of a kind used for telecommunications.” The general rate of duty will be Free.
The applicable subheading for the audio/video coaxial cable (part # 2457-24772-001) will be 8544.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: Coaxial cable and other coaxial conductors.” The general rate of duty will be 5.3%.
The applicable subheading for the infrared remote control (part # 2201-52556-001), will be 8543.70.9650, Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6%
The applicable subheading for the electrical power cord (part # 2215-10445-001), will be 8544.42.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insulated wire, cable…: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Other.” The general rate of duty will be 2.6%
The applicable subheading for the 4 stick on plastic feet (part # 2215-26133-001), will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” The general rate of duty is 5.3%.
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/.
You are also requesting the country of origin and marking requirements for this accessory kit. You state that the country of origin of the telecommunications cable (part # 2215-24651-001), the LAN cable (part # 2457-23537-001) and the audio/video cable (part # 2457-24772-001) is Thailand; the country of origin of the remote control and the plastic feet is China; the country of origin of the power cable (part # 2215-10445-001) is either China or Thailand.
Section 134.1(b) of the Customs Regulations defines "country of origin" as the country of manufacture, production or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin." The items of this accessory kit are from both China and Thailand. These items are packaged together in Thailand to create this accessory kit. The mere packaging of these components into the same box does not change the country of origin of the separate components; no substantial transformation has taken place. Therefore the country of origin will be the same as it was prior to being packaged into this kit. In regards to country of origin marking, each item within this accessory kit must be marked with the appropriate country of origin.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
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 Steven Pollichino at (646) 733-3008.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division