CLA-2-85:OT:RR:NC:N1:109
Mr. Troy D. Crago-Edwards
Import Specialist
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL, 33301
RE: The tariff classification of iPhone gaming accessory with speakers from China
Dear Mr. Crago-Edwards:
In your letter dated January 4, 2011 you requested a tariff classification ruling.
The merchandise subject to this ruling is an iPhone gaming accessory with speakers. It is identified as Item Number: A017GA02559. The photograph furnished reveals that this item looks like a steering wheel with two built-in speakers. The steering wheel is made of rubberized plastic and has a place in the center of the steering wheel to securely hold an iPhone. It also has a 3.5mm auxiliary plug, which plugs into an iPhone so that the sound from the iPhone can be heard through the speakers. There is a built-in on/off switch for the speaker function, but does not contain a volume control because the volume is controlled by the iPhone. The essential character of this item is imparted by the speakers.
You suggest classification in subheading 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other as the classification of the iPhone gaming accessory with speakers. Chapter 39 legal note 2(s) excludes articles of Section XVI from classification in any of the provisions of chapter 39. This merchandise is most specifically described in heading 8518 of Section XVI as loudspeakers. As such, since it is described in one of the headings of Section XVI, it cannot be classified in any of the subheadings of chapter 39.
The applicable subheading for the iPhone gaming accessory with speakers (Item Number: A017GA02559) will be 8518.29.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Loudspeakers, whether or not mounted in their enclosures: 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