CLA-2-:OT:RR:NC:N4:414
Mr. Edmond N. Scott
Kuehne and Nagel Inc.
7505 NE Ambassador Place
Suite I
Portland, OR 97220
RE: The tariff classification of 3D Active Shutter Glasses from China
Dear Mr. Scott:
In your letter dated February 13, 2013 you requested a tariff classification ruling on behalf of X6D.
The 3D active shutter glasses are called Amblyz and are used to treat a condition called amblyopia, which is commonly referred to as lazy eye. The lenses are liquid crystal devices which are fitted into an eyeglass frame. A lithium–ion rechargeable battery with a battery life of 100 hours is housed in one of the temples of the eyeglass frame.
According to the literature furnished with your request for a ruling, the basic operating principle is to occlude the healthy eye in regular and intermittent periods to force the amblyopic eye to function and to develop. The intermittent shuttering of one of the lenses is caused by applying an electric voltage to the liquid crystals which are suspended between two thin glass plates coated with a thin polarizer film. When the voltage is applied, the spatial orientation of the liquid crystals is changed and the polarity of the light is rotated. The rotated light is blocked by the outer polarizing film which creates an opaque lens referred to as a “black” lens. The 3D shutter lens alternates between clear and opaque.
The Amblyz 3D active shutter glasses are intended for use by children from the ages of three years to ten years and are available in size small and size medium. The medium size is designed for older children age seven years and up. The 3D active shutter glasses are worn in the same way as normal eyeglasses are worn. The Amblyz glasses can serve as an amblyopia therapy and prescription glasses, if required, at the same time.
The applicable subheading for the Amblyz 3D active shutter glasses will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Spectacles, goggles and the like, corrective, protective or other: other. The rate of duty will be 2.5 percent ad valorem.
For your information, the 3D active shutter glasses may be subject to U.S. Food and Drug Administration (FDA) requirements. Questions regarding FDA requirements for eyewear may be addressed to the U.S. Food and Drug Administration, Division of Regulatory Guidance, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002.
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 Barbara Kiefer at (646) 733-3019.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division