CLA-2-85:OT:RR:NC:N1:108
Ms. Pam Brown
Future Forwarding Company
5356 Georgia Highway 85
Suite 400
Forest Park, GA 30297
RE: The tariff classification of the ActivRemote, the ActivSound, and the ActivExpression from China.
Dear Ms. Brown:
In your letter dated September 25, 2009, on behalf of on behalf of Promethean Inc., you requested a tariff classification ruling.
The merchandise under consideration includes the ActivRemote, the ActivSound, and the ActivExpression. The items interface so students and teachers can electronically communicate in a classroom environment.
The ActivRemote is a radio frequency remote control that controls a central computer in a classroom. Based on the information supplied, this radio remote can direct ActiVote and ActivExpression voting, advance presentation slides, open applications or web browser, start movies, or command any other software web browser function that can be made with keyboard shortcuts. The ActivRemote has seven buttons that can be programmed to execute a teacher’s most-performed tasks.
As per a telephone conversation held between the National Commodity Specialist Division and the requestor, Pam Brown, Corporate Broker for Future Forwarding, the ActivSound consists of only two devices. They are a pendant microphone and a handheld microphone. The pendant microphone is worn around the neck by a teacher and the handheld microphone is utilized by a student during classroom instruction so that the parties can interact. The microphones are developed using cutting-edge infrared technology, thereby enabling a clear broadcast no matter which direction the speaker is facing. The pendant microphone has a momentary push to turn on and/or mute switch and a long push to turn off switch. It also has a rotary switch to change between 1-4 channels, four multidirectional emitters, and a volume up/down push button. The handheld microphone has an on/off slide switch to put it in a constant on mode and a momentary push-to-talk switch. It also has a rotary switch to change between 1-4 channels, and six emitters for 360° coverage. Both microphones have a 3 color light emitting diode (LED), which will remain green to indicate that the power is on, remain yellow/red as a warning that the power is low, and a green blink to indicate an invalid channel is being utilized. Each has an additional 1 color LED, which is extinguished when each device is charged, remains solid red when in charging mode, and emits a fast red blink when the device encounters a fault. The ActivSound Group also features an ActivSound 100 and an ActivSound 200 mixer amplifier, an ActivSound 25 low-profile amplifier, and wall-mounted and ceiling-mounted speakers. However, they are optional and are not imported with the ActivSound, which is one of the items subject to this ruling.
The ActivExpression is a handheld device used to interface in a classroom environment. The cell phone-like design has programmable buttons, 12 key alphanumeric texting format with eight intelligent hot keys, four navigator keys and LCD screen. The device enables students to enter words, symbols, numbers, and likert scales to participate in classroom lessons. It inputs data into a personal computer (PC) via the ActivHub. The ActivExpression is principally and solely used with a PC. It is connectable to the central processing unit either directly or through one or more other units; and it is able to accept or deliver data in a form which can be used by the PC. It meets Note 5 C to Chapter 84; and is classified under 8471.60.1050, HTSUS, as an automatic data processing input or output unit, whether or not containing storage in the same housing: combined input/output units: other.
The applicable subheading for the ActiveRemote will be 8526.92.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for radio remote control apparatus. The rate of duty will be 4.9 percent ad valorem.
The applicable subheading for the ActiveSound will be 8518.10.8030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Microphones and stands thereof: Other Microphones. The rate of duty will be 4.9 percent ad valorem
The applicable subheading for the ActiveExpression will be 8471.60.1050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for automatic data processing input or output units, whether or not containing storage units in the same housing: combined input/output units: other. 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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Lisa Cariello at (646) 733-3014.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division