CLA-2-85:OT:RR:NC:N2:209
David Robeson
Mohawk Global Trade Advisors
123 Air Cargo Road North Syracuse, NY 13212
RE: The tariff classification of various gateway networking devices from France and China
Dear Mr. Robeson:
In your letter dated October 8, 2024, you requested a tariff classification ruling on behalf of your client, CalChip Connect.
The first item is the Kerlink Wirnet iStation, part number GTW-000015-915. This particular gateway is designed for various outdoor industrial applications and is especially useful in smart city or smart building projects. With a Soracom IoT SIM card, the device has the capability to connect to any one of 300 mobile carrier networks across 160 countries. The device does not come with a cellular SIM card. The item will be manufactured in France.
The unit has an oval shape and measures approximately, 265 mm x 165 mm x 100 mm, and weighs 1.4kg. The device has a polycarbonate front and aluminum back. It incorporates waterproof connectors for RJ45 and SIM card connections, fully integrated internal antennas (GPS, 4G, LoRa), LED indicators, a USB Type C connector, multifunction button (On/Off/Reset/Factory Reset), a sniffer for LBT (Listen before talk), built in high rejection filters and a stainless-steel mounting kit.
This gateway is not "smart" in the sense of making routing decisions. It simply forwards LoRaWAN data to a network server based on preconfigured settings. This device does not translate one network protocol to another. It forwards LoRaWAN data without protocol translation. The principal function of this device is to receive, convert and transmit data over a wireless network. The second item is the Browan Outdoor Micro Gateway, part number GTW-000030-915. This particular gateway specifically designed to connect networks for wide-area smart city applications. Applications include, but are not limited to automatic meter readings, monitoring fault indicators, monitoring streetlights, etc. This product can be configured as a last-mile repeater to solve sensor connectivity issues when the sensor is located at the edge of the coverage or out of coverage. The item will be manufactured in China. The item is rectangular-shaped and measures approximately 230 mm x 200 mm x 68 mm, and weighs 2.05 kg. The device consists of the main unit, GPS antenna, RJ45 connector, RF cable, dipole antenna, power cord, power adapter and mounting kit. It incorporates 6 connection ports. The device supports 3G/4G backhaul, runs on a US915 frequency band, and can transmit power up to +27dBm. It supports LBT (Listen Before Talk), and has 802.3at Power over Ethernet. It has a built-in OpenVPN support and is configurable for any LoRaWan network server. The device has a long range over 15km radius and has cloud service to support easy deployment.
This device is primarily a LoRaWAN gateway. It functions as a bridge between LoRaWAN devices and the network server. It does not act as a modem or router in the traditional sense but serves as a packet forwarder for LoRaWAN messages. A packet forwarder like this LoRaWAN gateway forwards data to a network server without making routing decisions. The server processes and routes the data, not the gateway itself. This gateway is not "smart" in the sense of making routing decisions. It forwards LoRaWAN data to a network server, which handles the data processing. The third item is the SenseCAP M1 LoRaWAN Indoor Gateway (4G RAM+SX1302) - US915erlink Wirnet iStation, part number GTW-000099-915. SenseCAP M1 is a high-performing, ready-to-use LoRaWAN® indoor gateway compatible with Helium LongFi Network. The SenseCAP M1 provides wireless network coverage and data transmission capacity for LoRa®/LoRaWAN® devices. The SenseCap M1 LoRaWAN Indoor Gateway consists of the main unit, power adapter, antenna, MicroSD card, and quick start guide. The item will be manufactured in China. The main unit has a rectangular shape and measures approximately 154 mm x100 mm x 44 mm and weighs 370g. It consists of 2 printed circuit boards (PCBs) with 3 connection ports (antenna connection, USB-Type-C, Ethernet RJ45). The main unit uses a Raspberry Pi 4 Processor with Bluetooth and wi-fi capabilities. The unit has an LED that shows power/on off with a constant light indicating a successful connection to the Helium P2P network.
This device is primarily a LoRaWAN gateway. It functions as a bridge between LoRaWAN devices and the network server. It does not act as a modem or router in the traditional sense but serves as a packet forwarder for LoRaWAN messages. It forwards LoRaWAN packets to the network server, based on preconfigured settings. The device does not translate one network protocol to another. This gateway is not "smart" in the sense of making routing decisions.
Regarding the Browan Outdoor Micro Gateway, you have proposed classification in subheading 8517.62.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for switching and routing apparatus. As described within your submission, the primary function of this device is to receive, convert and transmit data without making routing/switching decisions. As such classification within subheading 8517.62.0020, HTSUS, would be inapplicable.
The applicable subheading for the Kerlink Wirnet iStation, part number GTW-000015-915, Browan Outdoor Micro Gateway, part number GTW-000030-915. and the SenseCAP M1 LoRaWAN Indoor Gateway (4G RAM+SX1302) - US915erlink Wirnet iStation, part number GTW-000099-915, 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 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