CLA-2:OT:RR:NC:85:112
Stephen McGuigan, Director
Bitbanger LLC
120 Ocean Parkway 3a
Brooklyn, NY 11218
RE: The tariff classification of Pixelstick from China
Dear Mr. McGuigan:
In your letter dated May 27, 2014 you requested a tariff classification ruling.
The item in question is referred to as a Pixelstick. The Pixelstick is a device used in long exposure and time lapse photography to display preloaded pictures one vertical pixel line at a time. The device consists of an aluminum housing that accommodates an array of 200 light emitting diodes (LEDs), a diffusion lens, a controller, and a battery pack. The LED array is arranged linearly in a channel of the aluminum sections and covered by the diffusing lens. The controller consists of a circuit board, LCD screen and operation buttons allowing for a photographer to control the image to be displayed and the color and duration of the LED output. The controller reads images from a SD memory card and displays it through the LEDs. The controller and battery pack are mounted to the upper and lower aluminum housing sections that are joined together by a handle bracket.
You have suggested classification for the Pixelstick under subheading 9006.61.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for photographic flashlight apparatus and flashbulbs: discharge lamp (“electronic”) flashlight apparatus. However, the Pixelstick is used in light “painting” and is not used as flashlight apparatus, which is described in the Explanatory Note to heading 9006, HTSUS, as devices that produce very bright light for a very short duration (flash).
The applicable subheading for the Pixelstick will be 8543.70.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Electric luminescent lamps.” The rate of duty will be 2%.
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 the National Import Specialist at [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division