CLA-2-85:OT:RR:NC:N2:209
David Hartnett
Nissin International Transport USA
900 Thorndale Ave Elk Grove Village, IL 60007
RE: The tariff classification of antennas from China
Dear Mr. Hartnett:
In your letter dated February 7, 2024, you requested a tariff classification ruling on behalf of your client, Yokowo Manufacturing of America.
The items concerned are described as the “4G LTE TEL Film Antenna” and the “4G/5G MIMO Antenna”.
The antennas are intended to be used in various applications including inventory management, electronic payment for vending machines, remote control of construction machinery, etc. The antennas will be connected to the telephone module of various machines to communicate information to 3G/4G/5G phone service providers.
Item 1- Specifications and applications:
Product name: 4G LTE TEL Film Antenna
Frequency Range: 6172960MHz
Available Bands: 3G/4G(LTE)_Band 18, 1114, 1721, 25, 26, 2830, 34, 3941,66,70, 71
Dimensions: H60 x W106 x D9mm
Standard Cable Length: 3,000mm
Connector: SMA (Male) x 2
Installation: Double-Sided Tape
Application: Inventory Management/Electronic Payments for Vending Machine, etc.
Item 2 - Specifications and applications:
Product Name: 4G/5G MIMO Antenna
Frequency Range: 617-5,000MHz
Available Bands: 3G/4G(LTE)_Band 18, 1113, 1721, 25, 26, 28, 29,30, 34, 3942,66,70,71
5G: n3, n28, n40, n77, 78, n79
Dimensions: 96.6 x 96.6 x 17.0mm
Standard Cable Length: 4,000mm x 2
Connector: SMA (Male) x 2
Installation: Magnet/Double-Sided Tape/Screw
Application: Remote Control of Construction Machinery, Agricultural Machinery, Inventory Management/Electronic Payments for Vending Machine, etc.
The applicable subheading for the “4G LTE TEL Film Antenna” and “4G/5G MIMO Antenna” will be 8517.71.0000, HTSUS, which provides for “Telephone sets, including smartphones and other telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data…: Parts: Aerials and aerial reflectors of all kinds; parts suitable for use therewith.” The general rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8517.71.0000, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8517.71.0000, 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, 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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 Steven Pollichino at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division