Affirmation of NY N301270; Classification of WLAN Router Module from China

HQ H302172 August 14, 2019 OT: RR: CTF: EMAIN H302172 NVF CATEGORY: Classification TARIFF NO.: 8517.62.0020 Brent Claypool T. Customs Broker, Inc. 5777 W. Century Blvd., Suite 965 Los Angeles, CA 90045 RE: Affirmation of NY N301270; Classification of WLAN Router Module from China Dear Mr. Claypool: This letter is in response to your request, dated November 28, 2018, for reconsideration of New York Ruling Letter (“NY”) N301270, which was issued to your client, Arcadyan Technology North America Corporation, on October 29, 2018. In NY N301270, U.S. Customs and Border Protection (“CBP”) classified a WLAN router module under subheading 8517.62.0020 of the Harmonized Tariff Schedule of the United States (“HTSUS”), which provides for “Telephone sets…; other apparatus for the transmission or reception of voice, images or other data...: Other apparatus for transmission or reception of voice, images or other data…: Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Switching and routing apparatus.” We have reviewed NY N301270, determined that it is correct, and for the reasons set forth below, are affirming that ruling. As described in the original ruling, the subject merchandise is a WLAN router module (Model - WG9115AAC22-HS, Part # FIZHS9115000J). This module is intended to be installed within a variety of host products. The function of this device is to provide WIFI and router functionality to the host device. In your reconsideration request, you assert that the WLAN router module should be classified under subheading 8517.62.0090, HTSUS. The issue is therefore whether the subject router should be classified under subheading 8517.62.0020 as “switching and routing apparatus” or under subheading 8517.62.0090 as “other.” Classification of merchandise in a residual provision is only appropriate if there is no tariff category that covers the merchandise more specifically. EM Indus. V. United States, 999 F.Supp. 1473, 1480 (Ct. Int’l Trade 1998) (“’Basket’ or residual provisions of the HTSUS Headings . . . are intended as a broad catchall to encompass the classification of articles for which there is no more specifically applicable subheading”). In this case the subject merchandise is a router module which provides router functionality to its host device. It therefore is described by subheading 8517.62.0020, which provides for switching and routing apparatus and cannot be classified in the residual “other” subheading, 8517.62.0090, because it is specifically provided for in subheading 8517.62.0020. As support for your argument, you observe that the subject WLAN router module is a standalone unit, provide a list of components, and refer to NY N301401 (Nov. 7, 2018) (classification of media converters, SFP transceivers, POE injectors, and POE splitters). In referring to NY N301401, you state that the National Commodities Specialist Division (“NCSD”) determined that “the Module did independently support the Router;” however, you do not explain how to this pertains to the subject WLAN router module. Furthermore, the devices at issue in NY N301401 are not the same as the subject WLAN router module. The modules discussed in NY N301401 are adapters which plug into a device and allow a fiber optic cable to be attached, whereas the subject WLAN router module provides WIFI and router functionality. Accordingly, the instant merchandise is distinguishable from that at issue in NY N301401. Although you state that the WLAN router module is a standalone unit, this has no bearing on the classification of the subject merchandise and your request does not fully explain how or why the functions of the WLAN router module are such that it should not be classified under subheading 8517.62.0020, HTSUS. The WLAN router module is therefore properly classified under subheading 8517.62.0020, HTSUS. For the aforementioned reasons, we find that the WLAN router module is correctly classified under subheading 8517.62.0020, HTSUS. We therefore affirm NY N301270, dated October 29, 2018. Sincerely, Myles B. Harmon, Director Commercial and Trade Facilitation Division