CLA-2-85:OT:RR:NC:N2:209
Carl W. Mertz
TP-Link USA Corp
145 South State College Blvd Suite 400
Brea, CA 92821
RE: The tariff classification of USB chargers, a USB power bank, a wireless Ethernet adapter, and a Bluetooth music receiver from China
Dear Mr. Mertz:
In your letter dated October 29, 2018, you requested a tariff classification ruling.
The first item concerned is a 2-port plug-in USB charger (model UP220). This item is optimized to charge a USB powered device such as a phone, smart watch, fitness band or a tablet up to 65 percent faster. Each outlet is rated at 5V 2.4A fast charging. Both ports can be used at the same time.
The second item concerned is a 5-port 40W USB 3.0 charging station (model UP540). This item allows for up to 5 USB powered devices to be charged at a single time. It is universally compatible with all USB powered devices such as phones, smart watches, fitness bands or tablets. Each outlet is rated at 5V 2.4A fast charging with a total budget of 5V 8A.
The third item concerned is a portable battery powered charger (model PB50). This item is a portable battery designed to charge USB devices on the go. The PB50 incorporates a 10,000 mAh lithium polymer battery. It is designed to supply power and to charge devices that use USB power sources. It has 2 full size USB output ports and 1 micro USB input port. The input port is used for charging devices on the PB50 itself.
The fourth item concerned is an Ethernet adapter (model UE 300). This device is a USB 3.0 to Gigabit Ethernet adapter. It is used to turn a wireless computer into a wired one. Its sole purpose is to provide a computer, with a failing Ethernet network card or a computer without a wired network interface card (NIC), with Ethernet based internet services. The adapter can achieve speeds up to 1,000 Mbps and is compatible with most operating systems (OS).
The fifth item concerned is a Bluetooth music receiver (model HA100). This item is a Bluetooth music receiver designed to add wireless receiving capabilities to a component stereo or stand alone speaker with a 3.5mm or RCA input connection. Devices can pair through standard Bluetooth pairing or NFC-Tagging. It has a range of 20 meters or 66 feet and requires line of sight. It supports Bluetooth 4.2 and is compatible with all A2DP Bluetooth devices. It is powered by a 5V 1A USB power supply.
The applicable subheading for the 2-port plug-in USB charger (model UP220) and the 5-port 40 W USB 3.0 charging station (model UP540) will be 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 50 W”. The general rate of duty will be 0.3% ad valorem.
The applicable subheading for the portable 10,000 mAh battery powered charger (model PB50) will be 8507.60.0020, HTSUS, which provides for “Electric storage batteries, including separators therefor, whether or not rectangular (including square); parts thereof: Lithium-ion batteries: Other”. The general rate of duty is 3.4 percent ad valorem.
The applicable subheading for the Ethernet adapter (model UE 300) and the Bluetooth music receiver (model HA100) will be 8517.62.0090, HTSUS, which provides for “Telephone sets…; other apparatus for the transmission or reception of voice, images or other data…: Other apparatus for transmission or reception…: Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The general rate of duty will be Free.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20( U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 8504.40.95, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8504.40.9510, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 the World Wide Web at https://hts.usitc.gov/current.
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,
Steven A. Mack
Director
National Commodity Specialist Division