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

Lili Liu
Netatmo
93 Rue Nationale
Boulogne-Billancourt, 92100
France

RE: The tariff classification of an indoor siren from China

Dear Ms. Liu:

In your letter dated July 4, 2019, you requested a tariff classification ruling.

The item concerned is referred to as the Netatmo Indoor Siren. This electronic device consists of a cylindrical housing made of plastic with a metal grid on the face of it. It has a battery compartment containing 4 AA batteries, a PCBA, and the sound cavity (speaker and buzzer). The siren can be mounted on the ceiling or on the wall. The device can be battery powered or powered via a micro USB port.

The Netatmo Indoor Siren is designed to work with the Netatmo Welcome Camera (not subject of ruling). The pairing between the devices is made via a Bluetooth Low Energy wireless connection. If the camera detects an intruder, it can trigger an alarm (10 dB audible alarm) that will sound from the siren to deter the potential intruders. The siren can also emit sound effects to simulate the presence of people at home. The sound effects consist of barking dogs, crying babies or home noises, and the user can initiate them at any time from a smartphone.

You have proposed classification within subheading 8531.10.0035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for burglar alarms. As per the Explanatory Notes, a burglar alarm is described as a two part system. It would consist of the sensing component and the audio/visual alarm component. The item concerned is a single component device, it is only the audible sound signaling device. As such, it could not be considered a burglar alarm. Therefore, subheading 8531.10.0035, HTSUS, would be inapplicable.

The applicable subheading for the Netatmo Indoor Siren will be 8531.80.9041, HTSUS, which provides for "Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: Other apparatus: Other: Other sound signaling apparatus". The rate of duty will be Free.

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