CLA-2-85:OT:RR:NC:N2:209
Mia Meng
Adam Hall North America
1 S. Corporate Drive Riverdale, NJ 07457
RE: The tariff classification of 3 styles of Bluetooth loud speakers from China
Dear Ms. Meng:
In your letter dated May 28, 2024, you requested a tariff classification ruling.
The items concerned are three models of portable battery-powered Bluetooth® PA system speakers. All variations of the actual speaker are the same, except two styles (ANNY® 10 HHD, ANNY® 10 BPH) incorporate an installed transceiver module that can be paired with a wireless microphone or wireless bodypack (headset and mic).
The first model is the ANNY® 10. This is a 10" portable battery-powered Bluetooth® PA system with mixer. The PA system module/speaker assembly incorporates a 10” woofer, 1” tweeter, Bluetooth 5.0 and True Wireless Stereo (TWS) technology, integrated 6-channel mixer, 3-band EQ, 5 application presets (MUSIC, LIVE, VOCAL, ECO, FLAT), effects such as reverb & delay, wheels and telescopic handle. Its connection options include, two microphone/line combo inputs, one stereo channel with 3.5mm jack (AUX), RCA inputs, two receiver module slots for adding optional wireless microphone functionality, USB-C port for charging, and a foot switch input.
The second model is the ANNY® 10 HHD. This is a 10" portable battery-powered Bluetooth® PA system with mixer that comes with a wireless handheld microphone. The PA system module/speaker assembly incorporates a 10” woofer, 1” tweeter, a wireless microphone receiver, Bluetooth 5.0 and True Wireless Stereo (TWS) technology, integrated 6-channel mixer, 3-band EQ, 5 application presets (MUSIC, LIVE, VOCAL, ECO, FLAT), effects such as reverb & delay, wheels and telescopic handle. Its connection options include, two microphone/line combo inputs, one stereo channel with 3.5mm jack (AUX), RCA inputs, 1 receiver slot for adding an additional wireless microphone, USB-C port for charging and a foot switch input.
The third model is the ANNY® 10 BPH. This is a 10" portable battery-powered Bluetooth® PA system with mixer that comes with a wireless headset microphone and bodypack transmitter. The PA system module/speaker assembly incorporates a 10” woofer, 1” tweeter, Bluetooth 5.0 and True Wireless Stereo (TWS) technology, wireless microphone receiver, integrated 6-channel mixer, 3-band EQ, 5 application presets (MUSIC, LIVE, VOCAL, ECO, FLAT), effects such as reverb & delay, wheels and telescopic handle. Its connection options include two microphone/line combo inputs, one stereo channel with 3.5mm jack (AUX), RCA inputs, 1 receiver slot for adding an additional wireless microphone, USB-C port for charging and a foot switch input.
In your original submission you proposed classification within heading 8519, Harmonized Tariff Schedule of the United States (HTSUS). The merchandise in question is not capable of recording onto or reproducing sound from an internal storage device or media (e.g., magnetic tape, optical media, semiconductor media or other media of heading 85.23). Accordingly, classification in heading 8519, HTSUS, as sound recording or reproducing apparatus, is not applicable.
The applicable subheading for each model of the ANNY® 10” portable battery-powered Bluetooth® PA system with mixer (ANNY® 10, ANNY® 10 HHD, ANNY® 10 BPH) will be 8518.22.0000, HTSUS, which provides for “Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures…: Loudspeakers, whether or not mounted in their enclosures…: Multiple loudspeakers, mounted in the same enclosure.” 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 8518.22.0000, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, if from China, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8518.22.0000, 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/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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