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 T1500G-10PS 8-port POE switch with 2 SFP slots, the T2500G-10TS 8-port switch with 2 SFP slots, the T1600G-18TS 16-port switch with 2 SFP slots, and the T2600G-28MPS 24-port POE+ switch with 4 SFP slots.

These smart and managed switches feature the ability to be configured and managed via CLI (command line interface) or UI (user interface). They are layer 2 Rack-mounted switches designed for medium or large enterprise networks. They all feature 10/100/1000 gigabit Ethernet ports which operate at 1000 Mbps or 1 Gbps transfer speeds, and SFP (small form-factor pluggable) slots. The SFP slots are for mini GBIC adapters to connect Fiber Optic cabling.

The first item, the T1500G-10PS 8-port POE switch with 2 SFP slots, features 8 gigabit Ethernet ports and 2 SFP ports. The 8 gigabit ports are capable of achieving 1000 Mbps transfer speeds via Ethernet cabling. The 2 SFP slots are capable of achieving 1000 Mbps transfer speeds via Fiber Optic cabling. All 8 Ethernet ports are capable of POE (power over Ethernet) using 802.3af standards.

The second item, the T2500G-10TS 8-port switch with 2 SFP slots, features 8 gigabit Ethernet ports and 2 SFP ports. The 8 gigabit ports are capable of achieving 1000 Mbps transfer speeds via Ethernet cabling. The 2 SFP slots are capable of achieving 1000 Mbps transfer speeds via Fiber Optic cabling. This device also features RJ45 and micro-USB console ports.

The third item, the T1600G-18TS 16-port switch with 2 SFP slots, features 16 gigabit Ethernet ports and 2 SFP ports. The 16 gigabit ports are capable of achieving 1000 Mbps transfer speeds via Ethernet cabling. The 2 SFP slots are capable of achieving 1000 Mbps transfer speeds via Fiber Optic cabling. This device also features RJ45 and micro-USB console ports.

The fourth item, the T2600G-28MPS 24-port POE+ switch with 4 SFP slots, features 24 gigabit Ethernet ports and 4SFP ports. It also has 1 console and 1 micro-USB console port, which is used to access the CLI of the switch. The 24 gigabit ports are capable of achieving 1000 Mbps transfer speeds via Ethernet cabling. The 4 SFP slots are capable of achieving 1000 Mbps transfer speeds via Fiber Optic cabling.

The applicable subheading for the T1500G-10PS 8-port POE switch with 2 SFP slots, the T2500G-10TS 8-port switch with 2 SFP slots, the T1600G-18TS 16-port switch with 2 SFP slots, and the T2600G-28MPS 24-port POE+ switch with 4 SFP slots 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