CLA-2-85:OT:RR: NC:N1:110
Ms. Christy Meche
Evans and Wood & Co., Inc.
900 Town and Country, Suite 150
Houston, TX 77024
RE: The tariff classification of USB charging devices from China
Dear Ms. Meche:
In your letter dated March 13, 2014, on behalf of your client Jasco Products Company, you requested a tariff classification ruling. Samples were submitted with your letter and will be returned to you.
Item Number 14483 is described as a “USB Charging Surge Protector”. The item is constructed of a plastic and base metal housing, measuring approximately 3.5 inches wide by 5.5 inches long by 1.5 inches deep. The item features a 3-prong polarized plug in the back and three standard electrical outlets with two USB charging ports in the front. The USB Charging Surge Protector consists of a built in surge protector with a level of surge protection of 540 joules. The surge protector is comprised of a Metal Oxide Varistor (MOV), which provides protection against excessive transient voltages by incorporating them into the circuit in such a way that when triggered, they will shunt the current created by the high voltage. The USB ports are rated for 2.1 Amps. There is an indicator light on the top of the unit to indicate that the surge protection components are working. It is said the USB Charging Surge Protector allows the consumer to power and charge multiple devices at the same time.
Item Number 14505 is described as a “3 USB Power Station”. The item is constructed of a plastic and base metal housing, measuring approximately 3.75 inches wide by 5.25 inches long by 1.5 inches deep. The item features a 3-prong polarized plug in the back and two standard electrical outlets with three USB charging ports in the front. The USB ports are rated for 3.1 Amps. There is an LED color changing indicator light on the top of the unit. It is stated the a blue light indicates the unit is idle, a red light indicates the unit is charging, and a green light indicates that the charging is completed. The USB Charging Surge Protector allows the consumer to power and charge multiple devices at the same time and comes in black or white.
Item Number 14523 is described as a “2 USB Charging Station”. The item is constructed of a plastic and base metal housing, measuring approximately 4.75 inches wide by 1.75 inches long by 1.50 inches deep. The item features a 3-prong polarized plug in the back, and two standard electrical outlets with two USB charging ports in the front. The USB ports are rated for 2.1 Amps. There is an LED color changing indicator light on the top of the unit. It is stated that a blue light indicates the unit is idle, a red light indicates the unit is charging, and a green light indicates that the charging is completed. This unit allows the consumer to power and charge multiple devices at the same time.
Item Number 14522 is described as a “USB Outlet Adapter”. The item is constructed of a plastic and base metal housing, measuring approximately 3.5 inches wide by 3.125 inches long by 1.5 inches deep. The item features a 3-prong polarized plug in the back, and three standard electrical outlets with two USB charging ports in the front. The USB ports are rated for 1.0 Amps. It is stated that the USB Outlet Adapter allows the consumer to power and charge multiple devices at the same time.
In your letter you cited NY ruling N224579, that classified a “USB Sock-It” in subheading 8504.40.9510, 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: Rectifiers and rectifying apparatus: Power supplies: With a power output not exceeding 50W.” The merchandise in that ruling consisted of two wall outlets and two USB charger ports. The merchandise under consideration, Item Numbers 14483, 14505, and 14523, consist of electrical source plugs, USB charging ports, standard electrical outlets. Item 14483 also have a built-in surge protector.
Classification of merchandise under the HTSUS, is governed by the General Rules of Interpretation (GRIs), taken in order. GRI 1, HTSUS, provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Heading 8537, HTSUS, provides for Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity… The USB Charging Surge Protector, Item Number 14483, the 3 USB Power Station, Item Number 14505, and the 2 USB Charging Station, Item Number 14523, are clearly equipped with two or more apparatus of headings 8535 and 8536, HTSUS, therefore they meet the description of heading 8537, HTSUS.
The applicable subheading for the USB Charging Surge Protector, Item Number 14483, the 3 USB Power Station, Item Number 14505, and the 2 USB Charging Station, Item Number 14523, will be 8537.10.9070, HTSUS, which provides for "Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other." The general rate of duty will be 2.7 percent ad valorem.
The applicable subheading for the USB Outlet Adapter, Item Number 14522 will be 8536.69.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical apparatus…for making connections to or in electrical circuits…Lamp-holders, plugs and sockets: Other: Other." The rate of duty will be 2.7 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 Hope Abada at [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division