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 network switches from China

Dear Mr. Mertz:

In your letter dated October 29, 2018, you requested a tariff classification ruling.

The items concerned are referred to as the TL-SG108 desktop switch, the TL-SG1008PE desktop or rack-mountable switch, the TL-SG116E desktop or wall-mountable switch, the TL-SG1016DE desktop or rack-mountable network switch, and the TL-SG1016PE desktop or rack-mountable network switch. These switches all fall under the unmanaged category, which can be used either as a plug and play or no configuration is needed. They all feature 10/100/1000 Gigabit Ethernet ports that allow for maximum transfer speeds up to 1000 Mbps or 1 Gbps. They are compatible with Category 5, Category 5E, and Category 6 Ethernet cables. These switches operate on Layer 2 of the OSI networking model, which is the data link layer that connects Layer 1 (physical devices such as computer, cameras, printers, music players, and game consoles) with Layer 3, the network layer.

The first item concerned is the TL-SG108 desktop switch. It incorporates 8 switch ports and has no user interface. This device does not have firmware and is considered a plug and play device. It complies with IEEE 802.3X and supports 802.1p/SDCP QOS and IGMP snooping.

The second item concerned is the TL-SG1008PE desktop or rack-mountable switch. It incorporates 8 switch ports. Four of these ports are POE (power over Ethernet) ports, which are rated for devices up to 30W each and have a maximum rating of 126W. This switch has no user interface, no firmware, and is considered a plug and play device.

The third item concerned is the TL-SG116E 16-port desktop or wall-mountable switch. This switch is designed to operate as a plug and play switch, but offers a user interface that allows for basic power user functions such as Static IP assignment, firmware upgrades, VLAN supporting up to 32 different VLANs at once, port monitoring and port mirror, among other functions.

The fourth item concerned is the TL-SG1016DE 16-port desktop or rack-mountable network switch. This switch is designed to operate as a plug and play switch, but offers a user interface that allows for basic power user functions such as Static IP assignment, firmware upgrades, VLAN supporting up to 128 different VLANs at once, port monitoring and port mirror, among other functions.

The fifth item concerned is the TL-SG1016PE 6-port desktop or rack-mountable network switch. It incorporates 8 ports that support POE, complying with 802.3at standards. Each POE port can support up to 30W, however, the switch has a budget of 110W. The switch is designed to operate as a plug and play switch but offers a user interface that allows for basic power user functions such as Static IP assignment, firmware upgrades, VLAN supporting up to 128 different VLANs at once, port monitoring and port mirror, among other functions.

The applicable subheading for the TL-SG108 desktop switch, the TL-SG1008PE desktop or rack-mountable switch, the TL-SG116E desktop or wall-mountable switch, the TL-SG1016DE desktop or rack-mountable network switch, and the TL-SG1016PE desktop or rack-mountable network switch 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