CLA-2-85:OT:RR:NC:N2: 209
Affandi Salleh
Sennheiser Electronic Corp
1 Enterprise Drive Old Lyme, CT 06371
RE: The tariff classification of video conferencing systems from China
Dear Mr. Salleh:
In your letter dated September 26, 2024, you requested a tariff classification ruling.
The items concerned are the TeamConnect (TC) bar video conferencing system (models 700105, TCB S & 700111 TCB M). Both models are identical in functionality. This all-in-one conferencing device incorporates a built-in camera, microphones and speakers. The TC Bar S features 4 microphones and 2 speakers, while the TC Bar M features 6 microphones and 4 speakers. Each model incorporates a variety of connection options (Wi-Fi, Bluetooth, Ethernet, USB, HDMI), which allows it to connect to a PC or network. These video conferencing systems work with all major telecommunications/meetings platforms to receive, convert and transmit audio, video and other data.
Within your submission you suggest classification within subheading 8517.69.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “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): Other”. This device performs multiple functions such as, reception, conversion and transmission or regeneration of voice, images or other data. Articles, such as this one, that perform all three functions are provided for within a previous subheading. As such, classification within subheading 8517.69.00, HTSUS, would be inapplicable.
The applicable subheading for the TeamConnect (TC) bar video conferencing system (models 700105, TCB S & 700111 TCB M) will be 8517.62.0090, 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: Other.” 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 8517.62.0090, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8517.62.0090, 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