CLA-2-85:OT:RR:NC:N2 209
Kyriakos Vergos
Codium Networks
7901 4th St. N, St. Petersburg, FL 33702
RE: The tariff classification of a fixed wireless broadband router from China
Dear Mr. Vergos:
In your letter dated May 15, 2023, you requested a tariff classification ruling.
The item concerned is referred to as the “LTE Fixed Wireless Access CPE” (Model Number: OCB12) which is an outdoor Customer Premise Equipment (CPE) module. The device contains an antenna along with other electronic components necessary for the transmission and reception of internet data. This unit acts as both a fixed broadband router and modem. This device is used to connect a user’s home network to an internet provider using a 4G or 5G cellular network. The device is permanently mounted outside the customer’s premises to communicate wirelessly with the nearest base station of the corresponding cellular network and provide broadband services to the subscriber.
The applicable subheading for the LTE Fixed Wireless Access CPE will be 8517.62.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “ Telephone sets, including smartphones and other telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Switching and routing apparatus” The general rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8517.62.0020, 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., 9903.88.04, in addition to subheading 8517.62.0020, 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 trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, 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 and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 at https://hts.usitc.gov/current
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Steven Pollichino at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division