330 Hastings Drive
Buffalo Grove, IL 60089-6940
RE: The tariff classification of a pet fencing system from China
Dear Mr. Williams:
In your letter dated July 5, 2005, you requested a tariff classification ruling.
The item concerned is the Innotek Deluxe Contain N Train System (# SD-3100). This system consists of –
A 4” in length X 3” in height, wall-mountable radio wave transmitter with a range of up to twenty-five acres;
Fifty 11 ½” in height metal boundary flags with plastic flagging;
A 6 ½’ in length power cord for the wall-mountable transmitter;
An instructional digital video disc (DVD);
A clear plastic bag filled with mounting hardware for the wall-mountable transmitter, two 2 ½” in height orange splicers and a 6-volt battery;
A 20” in length, water-resistant, nylon pet collar with plastic fasteners and tighteners and an attached hard plastic-enclosed electrical receiver with two ½” in length, metal prongs extending from it to the inner portion of the collar;
A 20” in length, textile, neck lanyard;
An arrowhead-shaped piece of hard plastic with a light bulb at its apex;
A 3 ½” in length X 2 ¼” in width, hand-held transmitter;
A 500’ in length, roll of 20-gauge wire covered in green plastic insulation.
These items are assembled into a 1’ in length X 7 ½” in width, cardboard box with color text and graphics on the outside. Included in the box are an two Users Guides and a warranty card.
The purpose of the Innotek Deluxe Contain N Train System (# SD-3100) is to train a pet not to go beyond a boundary set up by its owner. The wire is laid out or buried to serve as the “boundary”. The collar is attached to the pet. When the pet approaches the boundary, the transmitter sends a radio wave signal to the collar which emits an audible signal. If the pet continues to advance toward the boundary, the transmitter sends another radio wave signal to the collar which applies a mild shock to the pet. In addition, the hand-held transmitter can be used to administer varying intensities of shocks at any time. The optional flags can be used as a visual signal to the pet of the boundary if the wire is buried below ground.
Classification in the Harmonized Tariff Schedule of the United States (HTS) is governed by the General Rules of Interpretation (GRIs).
GRI 1. states, “... classification shall be determined according to the terms of the headings and any relative section or chapter notes ... “.
Section XVI, Note 4. states, “When a machine (including a combination of machines) consists of individual components (whether separate or interconnected ... ) intended to contribute together to a clearly defined function covered by one of the headings in ... chapter 85, then the whole falls to be classified in the heading appropriate to that function.”
All of the components of the Innotek Deluxe Contain N Train System (# SD-3100) act together to contribute to the single function of training a pet through audible and visual signals as well as administering shocks of varying intensities, therefore they may be classifiable together in one heading.
HTS heading 8531 provides for “Electric sound or visual signaling apparatus ... “.
General Note 3. (h) (vi) states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”.
The applicable subheading for the Innotek Deluxe Contain N Train System (# SD-3100) will be 8531.10.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electric sound or visual signaling apparatus ... : ... similar apparatus: Other: Other”. The rate of duty will be 1.3%.
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 Richard Laman at 646-733-3017.
Robert B. Swierupski