CLA-2-85:OT:RR:NC:N2:212
Paula Connelly
Sandler, Travis & Rosenberg, P.A.
100 Trade Center, Suite G-100
Woburn, MA 01801
RE: The tariff classification of pet training devices from China
Dear Ms. Connelly:
In your letter dated November 7, 2019, you requested a tariff classification ruling on behalf of your client, Dogwatch, Inc.
There are five items at issue with this request. The first is identified as the ProFence R9 Receiver, which you state is used in conjunction with an outdoor hidden pet fence system. The receiver acts as a training and correction module that, when attached to the included nylon collar, is worn in direct contact with the animal’s skin. When the animal gets in close proximity to the outdoor fence, a transmitter sends an electrical signal to the receiver, which then notifies the animal via sound, vibration, or stimulation that it is too close to the boundary. The notification can be programmed to manifest as an audible tone, vibration, or electric stimulation depending upon the proximity to the boundary. The receiver includes a rechargeable lithium battery as well as a status light that notifies the owner when the battery is low and if the pet has recently challenged the fence boundary. We note that the transmitter is not at issue with this ruling request.
The second item is identified as the SmartFence Receiver. This receiver is functionally and structurally identical to the ProFence Receiver with the only exception being that the SmartFence system incorporates connection to a mobile application that provides notifications to the owner’s smart device.
The third item is identified as the BigLeash S-15 Remote Trainer. The remote trainer consists of a retail package containing a handheld transmitter, receiver, collar, battery charger, charging cord, contact posts, test light, and lanyard. The receiver acts as the correction module and is attached to the collar, allowing the incorporated metal contact points to come in direct contact with the animal’s skin. The handheld transmitter is used by the owner to send a radio frequency signal to the receiver when undesirable behavior is witnessed. The receiver then issues a corrective action notification to the animal in the form of an audible tone, vibration, or electrical stimulation. The transmitter can be linked to multiple transmitters allowing the user to control more than one animal at a time.
The fourth item is identified as the BigLeash V-10 Vibration Trainer. This trainer incorporates a handheld transmitter, receiver, collar, charger, charging cord, test light, and lanyard. The receiver acts as a correction module that is attached to the collar and worn by the animal. The handheld transmitter is used by the owner to send a radio frequency signal to the receiver when undesirable behavior is witnessed. The receiver is designed to offer up to 15 levels of vibration or an audible signal as a corrective action.
The fifth and final item is identified as the Sidewalker Leash Trainer. The trainer incorporates the corrective module, collar, battery charger, test light, and contact posts. The corrective module is worn, via the included collar, so that the incorporated contact posts come in direct contact with the dog’s skin. When a leash is attached to the collar and the dog pulls on the leash, the pressure on the collar strap activates either a vibration or stimulation, notifying the dog of an undesirable behavior. The vibration or stimulation will gradually increase as the dog continues to pull and will reset when the pulling stops.
In your request, you suggest that the correct subheading for all five trainers is 8543.70.9960, Harmonized Tariff Schedule of the United States (HTSUS). We agree.
As the BigLeash S-15 Remote Trainer, the BigLeash V-10 Vibration Trainer, and the Sidewalker Leash Trainer constitute "goods put up in sets for retail sale,” they would be classified according to the rules set forth in General Rule of Interpretation (GRI) 3(b). GRI 3(b) provides, in relevant part, that such sets are classified by the component that imparts the essential character. It is the opinion of this office that the receiver/correction module imparts the essential character of the set. Based on the information provided, the ProFence R9 Receiver and SmartFence Receiver are presented alone and do not meet the definition of a set. As the items and their function are explained within the terms of heading 8543, HTSUS, they are classified according to GRI 1.
The applicable subheading for the ProFence R9 Receiver, SmartFence Receiver, BigLeash Remote Trainer, BigLeash V-10 Vibration Trainer, and Sidewalk Leash Trainer will be 8543.70.9960, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6% ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9960, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9960, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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 Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division