CLA-2-85:OT:RR:NC:N2:208

Ms. Pricila NM Crowley
Snakebyte USA, Inc.
8799 Balboa Ave Suite 265
San Diego, CA 92123

RE: The tariff classification of parts of a radio remote control apparatus from China

Dear Ms. Crowley:

In your letter received by this office on April 1, 2019, you requested a tariff classification ruling.

The merchandise under consideration is referred to as “The Elite:Kit,” which contains component parts for the Xbox One Elite Controller. The subject components are powder-coated metal parts that are fitted to an RF remote controller. Moreover, these parts are designed for use solely with the Xbox radio remote controllers and once attached to the RF remote controller they are not easily removed.

The applicable subheading for the “The Elite:Kit” will be 8529.90.9760, HTSUS, which provides for Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528: Other: Other: Of radar, radio navigational aid or radio remote control apparatus: Other: Other. The rate of duty will be 0.8 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. Subsequently, USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710) and August 16, 2018 (83 F.R. 40823). Products of China that are provided for in subheading 9903.88.01 or 9903.88.02 and classified in one of the subheadings enumerated in U.S. note 20(b) or U.S. note 20(d) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 8529.90.9760, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8529.90.9760, HTSUS, listed above at the time of importation.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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 Lisa Cariello at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division