CLA-2-93:OT:RR:NC:2:235
Mr. Kevin Ekstrand
Laufer Group International LTD
7007 NE Parvin Road
Kansas City, MO 64117
RE: The tariff classification of Guardian 8 personal security device from China or Taiwan
Dear Mr. Ekstrand:
In your letter dated January 26, 2011, you requested a tariff classification ruling on behalf of Guardian 8 Corporation. Additional information was requested from you and received by our office on April 8, 2011.
The subject product is called the Guardian 8 and is currently still in the developmental stage. Per your letter, you describe the product as a technically complex item designed as a personal security device. The device is handheld and has the “appearance of scanning device you would see at a grocery store.” You indicate that it may be marketed towards college students, security and/or law enforcement personnel, and other potential victims. The device contains 9 separate functions. They are as follows:
Strobe light which is a high intensity light to confuse the attacker.
A piercing high intensity siren which serves as an alert mechanism.
A laser beam which serves to direct the strobe, video recording and the pepper spray.
An audio recorder which tapes thirty seconds of sound which is sent to police dispatch when triggered.
A 2.2 megapixel camera which records and stores images in rapid succession.
A push to talk button which allows direct communication to police dispatch.
A police dispatch function which provides your location and sends a pre-recorded message directly to the police.
A canister of Capsicum Pepper Spray
A kubaton, which is a manual defense tool in the shape of a metal protrusion at the base of the device.
In addition, the device contains indicator lights to alert the user of the status of the device and contains a lanyard attached for hands free movement.
You provided us with the preliminary operating manual, marketing information and patent filing documentation. In addition, the actual operation of the trigger mechanism was discussed by this office and yourself in a recent telephone conversation. You indicated that upon depression of the trigger, all functions are simultaneously activated. The pepper spray can be controlled by releasing the trigger and all of the other functions will remain on once the trigger mechanism is depressed. The unit will also be activated upon the device sensing a predetermined gravitational stress (G-force).
We agree with your suggestion that this device is a composite good for classification purposes.
As stated above, the item is a combination of multi functional devices used for the purpose of self protection and defense. Therefore, the item is prima facie classifiable under two or more headings. GRI 2(b) states that if a product is a mixture or combination of materials or substances that are, prima facie, classifiable in two or more headings, then GRI 3 applies. GRI 3(b) provides those composite goods consisting of different materials or made up of different components shall be classified as if they consisted of the material or component, which gives them their essential character. Upon examination of the data provided, we conclude each of the separate component function merits equal consideration for the determination of essential character with no single function determinant. The item in question is essentially a composite good made up of radio frequency devices, laser, audio device, recording device, camera, a strobe light, and a pepper spray canister.
Under GRI 3(b), the component that imparts the essential character to this article determines its classification. Upon consideration we find that no single unit or function can be said to provide the essential character of the device.
EN VIII to GRI 3 (b) states that the factors will vary as between different kinds of goods to determine essential character of an article. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. GRI 3 (c) states that when goods cannot be classified by reference to GRI 3(a) or 3(b), they shall be classified under the heading that occurs last in numerical order.
The applicable subheading for the Guardian 8 Self Protection Device will be 9304.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307: Other.” The rate of duty will be 5.7% 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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division