CLA-2-85:OT:RR:NC:N1:109
Hollie Blakeley
Aries Manufacturing 1221 Page Street
Kewanee, IL 61443
RE: The tariff classification of a Selfie Stick from China.
Dear Ms. Blakeley: In your letter dated July 30, 2015 you requested a tariff classification ruling. The item under consideration is referred to as a “selfie stick,” item GP-PICSTICK. This device consists of a stainless steel telescoping rod with an adjustable plastic mount for a mobile phone on one end, and a rubber/plastic handle that incorporates a momentary contact electrical switch (camera button) on the other. The selfie stick contains an electronic printed circuit board (PCB) with Bluetooth functionality to remotely operate the phone’s camera, and is imported with a short USB/micro cable. The telescoping rod can extend to a length of approximately 25 inches, allowing a user to take photos at a distance while holding on to the selfie stick handle. In use, a person would secure a mobile phone to the adjustable mount and take photos or videos by pressing the camera button located on the handle. We note that the selfie stick currently under review derives its power from the Bluetooth technology. You question whether it’s the Bluetooth technology or the material composition of the selfie stick that imparts its essential character. The classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation ("GRIs"), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. In the event that goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs will be applied, in the order of their appearance. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS. GRI 3(a) states in part, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the good. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may 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 article. GRI 3(c) provides that when goods cannot be classified by reference to GRI 3(a) or 3(b), they are to be classified in the heading that occurs last in numerical order among those which equally merit consideration.
The product in question has two distinct features which warrant equal consideration: a device used to mount and hold a mobile phone, which would be provided for in heading 8479, HTSUS, and the electrical activation of the phone’s camera function which would be provide for in heading 8543, HTSUS. This office finds that neither the mounting/positioning feature nor the electrical activation of the camera function implies the essential character of this device. GRI 3(c), HTSUS, states that in such circumstances the classification will be the heading that appears last in numerical order among those which equally merit consideration. In this particular case, the heading for the electrical activation appears last in numerical order. The applicable subheading for the “selfie stick,” item GP-PICSTICK, will be 8543.70.9650, HTSUS, which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other.” The rate of duty will be 2.6%
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 Steven Pollichino at [email protected]. Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division