CLA-2-85:OT:RR:NC:N1:109
Mr. Laurence J. Lasoff
Counsel for Arbitron, Inc.
Kelley, Drye & Warren, LLP
3050 K Street, NW
Washington Harbour, Suite 400
Washington, DC 20007-5108
RE: The tariff classification of a recharger, an in-home beacon, and a headphone adapter from
an unspecified country
Dear Mr. Lasoff:
In your letter dated May 10, 2009 you requested a tariff classification ruling on behalf of your client, Arbitron, Inc.
The merchandise subject to this ruling is a recharger, an in-home beacon, and a headphone adapter. These three items are utilized with a portable people meter (PPM) G2. The PPM-G2 is an electronic device used to obtain information as to what a person (a survey participant) is watching on television or listening to on a radio. The classification of the PPM-G2, however, is not addressed in this ruling. The classification of the first generation of the PPM was previously ruled upon in New York Ruling N011426.
The recharger consists of a plastic base that incorporates electronic circuitry which facilitates the recharging of a portable people meter (PPM) G2’s battery when the PPM-G2 is placed in the base of the recharger. The recharger incorporates a power converter so that when the recharger is plugged into an alternating outlet (AC) electrical outlet and the PPM-G2 is placed in the base of the recharger can recharge the battery while at the same time provide power to the PPM-G2. The recharger also incorporates a specially designed output plug that is specifically sized, shaped and configured to fit into the corresponding receptacle of the PPM-G2 to provide power and recharge the battery without placing the PPM-G2 into the recharger base.
The in-home beacon, using Bluetooth technology, transmits a signal that can be detected by the PPM-G2 when located inside a survey participant’s home. The in-home beacon is inserted into an electrical wall outlet in a participant’s home and through Bluetooth technology, the in-home beacon communicates with the PPM-G2, sending a coded transmission signal to the PPM-G2 located inside the participant’s home. This enables the PPM-G2 to distinguish when participants are watching television programs or listening to radio programs at home as opposed to when the participants are exposed to those programs outside of the home, at which time the in-home beacon is not in use.
The headphone adapter enables the survey participant to listen to music or programming through headphones or earbuds, when using a portable listening device. The headphone adapter enables a participant to connect headphones or earbuds to the PPM-G2 and enables the PPM-G2 to connect to the participant’s portable listening device so that while the participant listens in privacy, the PPM-G2 can still maintain an account of what the participant is listening to.
You suggested Harmonized Tariff Schedule of the United States (HTSUS) subheading 8504.40.8500 for the classification of the recharger. Subheading 8504.40.8500 provides for “Electrical transformers, static converters (for example rectifiers) and inductors; parts thereof: Static converters: For telecommunication apparatus”, of heading 8517. However, the recharger is a device used with a portable people meter (PPM), specifically the PPM-G2. In New York Ruling N011426 the PPM was found to be classified under subheading 8543.70.9650, which provides for "Electrical machines and apparatus….: Other machines and apparatus: Other: Other: Other: Other." As such, the recharger is not utilized with telecommunication apparatus of heading 8517. Therefore, subheading 8504.40.8500 is inapplicable. The recharger is more specifically provided for under subheading 8504.40.95 as a type of rectifier for use with a device other than telecommunications apparatus. This ruling letter will not provide the classification of the recharger at the 9th and 10th digit level because the power output in wattage was not provided for within your submission.
The applicable subheading for the recharger will be 8504.40.95, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ““Electrical transformers, static converters (for example rectifiers) and inductors; parts thereof: Static converters: Other.” The rate of duty will be 1.5 percent ad valorem.
The applicable subheading for the in-home beacon will be 8517.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other apparatus for transmission or reception of voice, images or other data, including apparatus for communications in a wired or wireless network (such as a local or wide area network): Other." The rate of duty will be free.
The applicable subheading for the headphone adapter will be 8518.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and set consisting of microphones and one or more loudspeakers; audio-audio-frequency electric amplifiers; electric sound amplifier sets; parts thereof: Parts: Other: Other." The rate of duty will be 4.9 percent ad valorem.
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 Linda M. Hackett at (646) 733-3015.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division