CLA-2-85:OT:RR:NC:N2:220
Maureen Thorson
Wiley Rein LLP
1776 K Street NW
Washington, DC 20006
RE: The tariff classification of a wireless charging station from China
Dear Ms. Thorson:
In your letter dated August 6, 2019 you requested a tariff classification ruling on behalf of your client, Pi Inc.
The merchandise under consideration is identified as the Spansive Source Wireless Phone Charger (Source) that is described as an inductive charging device for cell phones measuring 18.5 cm x 17 cm x 13.5 cm. The Source, which converts mains voltage to an inductive charging field, consists of a charging base having two USB charging ports, a status indicator, a Wi-Fi button, and two charging stands where users place their personal electronics to receive a wireless charge. We would note that the Wi-Fi button allows the Source to receive program updates and does not provide any external data communication to other devices or networks.
In use, users would place their personal electronics onto the charging stand and receive an inductive (wireless) charge for the device. For personal electronic devices that do not support wireless charging, users may plug them directly into one of the USB charging ports located on the base. As new products are introduced into the market, users may periodically update the Source to be compatible with those devices by depressing the Wi-Fi button on the side of the base to receive an updated program.
In your request, you suggest the wireless charging station is correctly classified under subheading 8504.40.8500, Harmonized Tariff Schedule of the United States (HTSUS). We agree.
The applicable subheading for the Spansive Source Wireless Phone Charger will be 8504.40.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric transformers, static converters (for example rectifiers) and inductors; parts thereof: Static converters: For telecommunication apparatus.” 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). See also “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). 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(d), 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 8504.40.8500, HTSUS, unless specifically excluded, are subject to the additional 25 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 8504.40.8500, HTSUS, listed above.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division