CLA-2-85:OT:RR:NC:N1:109
Mr. John M. Peterson
Neville Peterson LLP
Counsellors at Law
17 State Street – 19th Floor
New York, NY 10004
RE: The tariff classification of a Sonos ZoneBridge EtherNet Switch from China
Dear Mr. Peterson:
In your letter dated July 2, 2010 you requested a tariff classification ruling on behalf of your client, Sonos, Inc.
The merchandise subject to this ruling is a ZoneBridge EtherNet Switch. It is an Ethernet switch, which is used in connection with the Sonos Net 1.0 wireless network. It is delivered with a thin format power adapter, Ethernet cable, and Sonos Net 1.0 Software on a CD-Rom, compatible with various computer operating systems including Windows XP, Windows SP2, Windows Vista, Windows 7, and Mac OS 10.5 and 10.6.
The Sonos ZoneBridge EtherNet Switch is used with the Sonos Net System, which is a home entertainment system for streaming and playing digital audio files. It, the Sonos Net System, is used to play digital audio files resident in a networked computer (e.g., Apple iTunes Acc files or MP3 files), as well as digital audio files streamed from the Internet from music services, such as Pandora and Napster.
The Sonos Net System requires a single wired broadband connection coming into a house or building. The ZoneBridge EtherNet Switch is intended to be connected to the broadband interface, and the Sonos Net 1.0 Software is downloaded into an Internet-connected computer. Once the Sonos Net System is installed and activated, each of the constituent components of the system automatically creates and deploys the “Sonos Network”, an encrypted wireless peer-to-peer wireless mesh data network. Citizens of this data network include Sonos ZonePlayers (ruled upon in New York Ruling N083076 under subheading 8517.62.0050), the Sonos ZoneBridge EtherNet Switch, if one is used in the system, and a hand-held controller. Using the controller and control software, the system owner can direct what type of music he/she wants to hear via a particular ZonePlayer.
As previously noted, the Sonos system requires one wired broadband connection to operate. This will usually be located where the broadband service, dedicated phone line, cable modem, etc., enters the building and connects with a computer. To generate the Sonos network, it is necessary to install a network citizen with data transceiving capability at the broadband entry point. This can be a ZonePlayer. Alternatively, the user may want to have music in the location where the broadband service enters, or may want to deploy ZonePlayers to other places in a house or other type of building. The ZoneBridge EtherNet Switch provides a solution for this issue.
The Sonos ZoneBridge EtherNet is a two part Ethernet switch operating at 10/100 Mbs speed. It has Automatic MDI/MDIX capability, and is capable of running the encrypted Sonos Net 1.0 system. It measures 41 x 110 x 110 mm and features two Ethernet switch portals at the rear. The Sonos ZoneBridge Ethernet is similar in construction and function to the Sonos ZonePlayers of New York Ruling N083076, classified under subheading 8517.62.0050, in that it performs reception, transmission and regeneration of voice and other data, as well as imiginal metada, within the Sonos Net System.
The applicable subheading for the Sonos ZoneBridge EtherNet Switch 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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division