CLA-2-85: OT: RR:NC: N2:208
Jenn Park
Flexport
760 Market Street
San Francisco, California 94102
RE: The tariff classification of an outdoor security camera system from China
Dear Ms. Park:
In your letter dated March 21, 2022, on behalf of Fantasia Trading LLC, you requested a tariff classification ruling.
The merchandise under consideration is the Outdoor Wire-free Security Camera, model number T8831, which is a wireless home security system. This Outdoor Wire-free Security Camera system consists of the following: Two wire-free outdoor cameras “EufyCam 2C” (model number T8113S), the “HomeBase 2” (model number T8010X), a user manual, marketing materials, a power adapter, an Ethernet cable, wall mounts, a reset pin needle, two mounting screw packs, a USB charging cable, a HomeKit card, and an installation positioning card. All items are imported together and packaged for retail sale as a set. It is the opinion of this office, that the outdoor cameras impart the essential character of this set.
After importation, the two wire-free cameras can be connected to a HomeBase unit by 2.4Hz Wi-Fi, allowing the user to view live footage or recordings. The subject cameras have a 135-degree field of view, built-in spotlight, a 100-decibel siren, and motion detection for both pets and humans. If a motion is detected, the cameras will start capturing video and transmits the “real-time” video back to the HomeBase unit and the user’s mobile phone for remote viewing or recording. The subject cameras have no internal recording capabilities.
In your submission, you request classification under subheading 8517.62.0090, Harmonized Tariff Schedule of the United States (HTSUS). The item concerned is a camera which is used as an electronic surveillance tool to provide security to the user’s home. While the item concerned does function within a security network to transmit information, the unit’s ability to capture video/images (which allow it to function as surveillance camera) takes the unit beyond the intended scope of heading 8517, HTSUS. The network connectivity functionality is a secondary or support function. As such, heading 8517, HTSUS, would not be applicable.
The applicable subheading for this outdoor camera security system will be 8525.89.3000, HTSUS, which provides for “Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Television cameras, digital cameras and video camera recorders: Television cameras: Other.” The rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8525.89.3000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8525.89.3000, 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, including information on exclusions and their effective dates, 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 Lisa Cariello at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division