CLA-2-85:OT:RR:NC:N2:208
John Peterson
Neville Peterson LLP
One Exchange Plaza
55 Broadway, Suite 2602
New York, NY 10006
RE: The tariff classification of video camera doorbells from China
Dear Mr. Peterson:
In your letter dated April 12, 2023, you requested a tariff classification ruling, on behalf of your client, Chamberlain Group LLC of Nogales, Arizona.
The merchandise under consideration is the VKPl-MYQ series of video doorbells, referred to as the "Fisheye." This product, which is a composite machine that consists of a camera, doorbell chime, 2-way talk functionality, and a keypad to control access, is designed to be installed in place of doorbells in homes, offices, and other buildings. Moreover, the subject video doorbells enhance security, simplify access and provide expanded functionality to users. The camera can capture "real-time" video images and transmit them to a mobile device using Chamberlain's proprietary "MyQ" app. The camera does not have any recording capability. The radio remote-control keypad garage door opener can be programmed with PIN codes for up to 16 different users. It is the opinion of this office, that the camera performs the principal function of this composite machine.
You suggested classification in subheading 8525.89.40, Harmonized Tariff Schedule of the United States (HTSUS), as a digital still image video camera. To be classified in subheading 8525.89.40, HTSUS, the camera must be capable of capturing and recording both still and moving images. Since this camera cannot record any images, it is precluded from being classified in this subheading.
The applicable subheading for this video camera doorbell will be 8525.89.3000, HTSUS, which provides for 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 8525.89.30, 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 8525.89.30, 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 at https://hts.usitc.gov/current
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Lisa Cariello at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division