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 devices from China

Dear Mr. Mertz:

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

The items concerned are: a cloud controller (model OC200), a wireless dual band access point (model EAP245), a 5GHz 300Mbps 23dBI outdoor CPE access point (model CPE610), and a 2.4GHz wireless outdoor high power access point (model CPE210).

The first item is the Omada Cloud Controller (model OC200). This is a small form factor device designed to allow centralized management of an access point (AP) network. This device allows management through 3 methods: direct connection, cloud, or mobile application. It is pre-loaded with TP-Link free management software, and it can be powered via micro USB or power over Ethernet (POE) (802.3af/at). It also allows for guest networks to be created via various login methods. It incorporates 3 output ports and 1 input port.

The second item is the AC1750 dual band gigabit ceiling mount access point (model EAP245). This device features band steering and load balancing. Band steering helps direct devices to the correct band by analyzing the data transfer rate. Load balancing ensures smooth network traffic, especially in a high density environment. The unit has 1 RJ45 gigabit Ethernet port. The unit can be powered by POE using 802.11at standards. It incorporates 6 internal antennas, 3 of which are 4dBi 2.4GHz, and the next 3 are 4dBi 5GHz.

The third item is a 5GHz 300Mbps 23dBI outdoor CPE access point (model CPE610). This device is powered by passive POE. It has a transmit beam length of 9 degrees horizontally and 7 degrees vertically requiring line of sight communication to the receiving end. The antenna gain is 23dBI and supports IEEEE 80.211 a/n. Maximum transmit power is 27dBm but is adjustable in increments of 1dBm. Its antenna is a 2x2 MIMO design and uses a parabolic design to ensure maximum transmission. It is designed to provide long range line of site network access to a remote location. This item generally needs two units, one set up in client mode (receiver) and the other as an access point (transmitter), through which the client side would then be connected to another router, switch or indoor access point that would provide the remote location with internet service.

The fourth item is a 2.4GHz 300Mbps 9dBI outdoor CPE access point (model CPE210). This device is powered by passive POE. It has a transmit beam length of 65 degrees horizontally and 35 degrees vertically requiring line of sight communication to the receiving end. The device supports IEEEE 80.211 b/g/n. Maximum transmit power is 27dBm but is adjustable in increments of 1dBm. The device has a maximum range of 5km or 3.14 miles. Its antenna is a 2x2 dual-polarized MIMO design. It is powered by a Qualcomm Atheros 560MHz CPU. It is designed to provide long range line or site network access to a remote location. This item generally needs two units, one set up in client mode (receiver) and the other as an access point (transmitter), through which the client side would then be connected to another router, switch or indoor access point that would provide the remote location with internet service.

The applicable subheading for the Omada Cloud Controller (model OC200) will be 8517.62.0090, 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: Other.” The general rate of duty will be Free.

The applicable subheading for the AC1750 Dual band gigabit ceiling mount access point (model EAP245), the 5GHz 300Mbps 23dBI outdoor CPE access point (model CPE610), and the 2.4GHz 300Mbps 9dBI outdoor CPE access point (model CPE210) will be 8517.62.0020, 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