CLA-2-85:OT:RR:NC:N2:209

Carl W. Mertz
TP-Link USA Corp
145 South State College Blvd Suite 400
Brea, CA 92821

RE: The tariff classification of wireless network adapters from China

Dear Mr. Mertz:

In your letter dated October 15, 2018, you requested a tariff classification ruling.

The first item concerned is the “Archer T4U AC1300” wireless network adapter. This is a USB 3.0 network adapter with a folding external dual band PIFA antenna. This antenna arm has 2 high gain transmitters built-in allowing up to a 400 Mbp transmission rate on the 2.4GHz spectrum and up to a 867 Mbp transmission rate on the 5GHz spectrum. This device is compatible with the 802.11 a/b/g/n/ac wireless standards. Transmit power is <20dBm. The adapter is compatible with the following modulations DBPSK, DQPSK, CCK, OFDM, 16-QAM, 64-QAM, 256-QAM.

The second item concerned is the “Archer T9E AC1900” wireless network adapter. This is a PCI-E network adapter with 3 detachable external omni-directional antennas allowing up to a 600 Mbp transmission rate on the 2.4GHz spectrum and up to a 1300 Mbp transmission rate on the 5GHz spectrum. This device is compatible with the 802.11 a/b/g/n/ac wireless standards. Transmit power is <20dBm. It is CE, FCC, RoHS certified. The adapter is compatible with the following modulations DBPSK, DQPSK, CCK, OFDM, 16-QAM, 64-QAM, 256-QAM.

The third item is the “TL-WN821N N300” USB network adapter. This USB adapter is a 3.0 single band network adapter with an on-board internal antenna. This device has 2 transmitters built in allowing up to a 300 Mbp transmission rate on the 2.4GHz spectrum. This device is compatible with the 802.11 /b/g/n/ wireless standards. Transmit power is <20dBm. It is CE, FCC, RoHS certified. The adapter is compatible with the following modulations DBPSK, DQPSK, CCK, OFDM, 16-QAM, 64-QAM, 256-QAM. The fourth item is the “TL-WN881ND N300 PCI-E” wireless network adapter. This PCI-E device has 2 single band external detachable antennas allowing up to a 300 Mbp transmission rate on the 2.4GHz spectrum. This device is compatible with the 802.11 /b/g/n/ wireless standards. Transmit power is <20dBm. It is CE, FCC, RoHS certified. The adapter is compatible with the following modulations DBPSK, DQPSK, CCK, OFDM, 16-QAM, 64-QAM, 256-QAM.

The applicable subheading for the “Archer T4U AC1300” wireless network adapter, the “Archer T9E AC1900” wireless network adapter, the “TL-WN881ND N300 PCI-E” wireless network adapter and the “TL-WN881ND N300 PCI-E” wireless network adapter will be 8517.62.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephone sets…; other apparatus for the transmission or reception of voice, images or other data…: Other apparatus for transmission or reception…: Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Switching and routing apparatus.” The general rate of duty will be Free.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 8517.62.00, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.04, in addition to subheading 8517.62.0020, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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 Steven Pollichino at steven.pollichino@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division