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

Mr. Jimmy Ting
Great World Customs Service
518 Eccles Ave
South San Francisco, CA 94080

RE: The tariff classification of the Angee (main unit) and Security Tags from China

Dear Mr. Ting:

In your letter dated October 31, 2017, on behalf of Angee Inc., you requested a tariff classification ruling.

There are two items subject to this ruling request, the Angee (main unit) and security tags that work with the Angee. Both items are used as home security devices. The Angee (main unit) is a self-contained, multifunctional machine that consists of a 360 degree rotating digital camera with IR LEDS for night vision, a microphone, a loud speaker, Wi-Fi, BLE and SIM radio communication, an 8 GB internal flash memory, built-in lithium-Ion pack, 360 degree sensors to detect motion and follow motion, indicator lights, and a humidity sensor. The Angee is an automated security and communication system that provides a full 360° view of one’s home via the camera feature. In addition, it has voice recognition, at-the-door identification, and motion-detecting rotation. In its imported condition, the included 1080p HD camera with night vision can capture and record moving/images, but cannot capture nor record still images. It can also transmit video to a location outside the camera for remote viewing or recording via the Angee application, which can be downloaded onto a smartphone. Moreover, it is the opinion of this office, that the principal function of this multifunctional machine is performed by the camera fucntion. The Security Tag is described as a small electric device the size and shape of a hockey puck. The device is designed to be placed at entry/exit points around a building (such as windows and doors). The Security Tag, by means of an inbuilt accelerometer, is capable of detecting the movement of a door or window to which it is attached, and wirelessly transmits that information to the Angee main unit. You indicate that the Security Tag is also capable of recognizing other mobile devices and relaying their presence to the Angee main unit via BLE communication. In your submission you suggest classifying the Security Tag, when imported separately from the Angee main unit, in subheading 8517.62, Harmonized Tariff Schedule of the United States (HTSUS), which provides for machines for the reception, conversion and transmission or regeneration of voice, images or other data. Based on the information provided, the Security Tag is a composite machine wherein the device’s ability to measure motion (by means of the accelerometer), at a minimum, equally merits consideration in performing the principal function of this device in accordance with Section XVI Note 3, Chapter 90 Note 3, and General Rule of Interpretation 3 (c). Consequently, the Security Tag would be more appropriately classified in heading 9031. When the Angee (main unit) is imported together packaged for retail sale with security tags, it would be considered a set for tariff classification purposes. When imported as a set, this office believes that the Angee (main unit) imparts the essential character. The applicable subheading for the Angee main unit, when imported by itself, will be 8525.80.5050, 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: Other: Other. The rate of duty will be 1 percent ad valorem. The applicable subheading for the Security Tag, when imported separately, will be 9031.80.8085, HTSUS, which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other. The rate of duty will be 1.2% ad valorem. The applicable subheading for the Angee (main unit) imported together as a set with the security tags will be 8525.80.5050, 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: Other: Other. The rate of duty will be 1 percent ad valorem. 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 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 lisa.a.cariello@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division