Modification of New York Ruling Letter (NY) N294888; Tariff classification of a USB 3.0 7-Port Hub

H348342 May 8, 2026 OT:RR:CTF:EMAIN H348342 PF CATEGORY: Classification TARIFF NO.: 8471.80.10 Mr. Carl W. Mertz TP-Link North America 145 South State College Blvd, Suite 400 Brea, CA 92821 RE: Modification of New York Ruling Letter (NY) N294888; Tariff classification of a USB 3.0 7-Port Hub Dear Mr. Mertz: The following is our decision regarding reconsideration of New York Ruling Letter (NY) N294888, dated March 23, 2018, issued to you, regarding the tariff classification of certain networking products under the Harmonized Tariff Schedule of the United States (HTSUS). In NY N294888, U.S. Customs and Border Protection (CBP) classified a Desktop Switch, Dual Band PCI Express Adapter, Wireless Dual Band USB Adapter, and a USB 3.0 7-Port Hub (UH700) under subheading 8517.62, 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.” Upon review of NY N294888, we find that the classification of the Desktop Switch, Dual Band PCI Express Adapter, and Wireless Dual Band USB Adapter is correct. However, we find that the classification of the UH700 is incorrect. As such, for the reasons set forth below, NY N294888 is modified with respect to the classification of the UH700. Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. § 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed action was published on January 21, 2026, in Volume 60, Number 3, of the Customs Bulletin. No comments were received in response to this notice. 2 FACTS: In NY N294888, CBP described the subject UH700 as follows: The fourth item is the USB 3.0 7-Port Hub (UH700). This [device] is used to expand the number of available USB ports on a PC. It measures 6.5 inches in width, 2.6 inches in depth, and .7 inches in height. The UH700 is equipped with 7 USB 3.0 ports and has a 10x data transfer speed. It supports systems such as Windows, Mac OS X and Linux systems. A built-in surge protector keeps both your devices and data safe in the process of transferring data. ISSUE: Whether the UH700 is classifiable as a unit of an automatic data processing machine of heading 8471, HTSUS or as other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network of heading 8517, HTSUS. LAW AND ANALYSIS: Merchandise imported into the United States is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all classification purposes. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relevant section or chapter notes. If the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The HTSUS headings under consideration are as follows: 8471 Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included: 8517 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: Automatic data processing (ADP) machines are defined in Legal Note 6(A) to Chapter 84, HTSUS, which states as follows: For purposes of heading 8471, the expression "automatic data processing machines" means machines capable of: 3 (i) Storing the processing program or programs and at least the data immediately necessary for the execution of the program; (ii) Being freely programmed in accordance with the requirements of the user; (iii) Performing arithmetical computations specified by the user; and (iv) Executing, without human intervention, a processing program which requires them to modify their execution, by logical decision during the processing run. To be classified as an ADP unit under heading 8471, HTSUS, an article must meet the terms of Legal Note 6(C) to Chapter 84, HTSUS, which provides that: Subject to paragraphs (D) and (E) below, a unit is to be regarded as being a part of an automatic data processing system if it meets all the following conditions: (i) It is of a kind solely or principally used in an automatic data processing system; (ii) It is connectable to the central processing unit either directly or through one or more other units; and (iii) It is able to accept or deliver data in a form (codes or signals) which can be used by the system. Separately presented units of an automatic data processing machine are to be classified in heading 8471. However, keyboards, X-Y co-ordinate input devices and disk storage units which satisfy the conditions of paragraphs (C) (ii) and (C) (iii) above, are in all cases to be classified as units of heading 8471. Moreover, Legal Note 6(E) to Chapter 84, HTSUS, states: Machines incorporating or working in conjunction with an automatic data processing machine and performing a specific function other than data processing are to be classified in the headings appropriate to their respective functions or, failing that, in residual headings. In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System, which constitute the official interpretation of the HTSUS at the international level, may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989). The EN to heading 8471 provides, in pertinent part: (I) AUTOMATIC DATA PROCESSING MACHINES AND UNITS THEREOF Data processing is the handling of information of all kinds, in pre-established logical sequences and for a specific purpose or purposes. 4 Automatic data processing machines are machines which, by logically interrelated operations performed in accordance with pre-established instructions (program), furnish data which can be used as such, or, in some cases, serve in turn as data for other data processing operations. This heading covers data processing machines in which the logical sequences of the operations can be changed from one job to another, and in which the operation can be automatic, that is to say with no manual intervention for the duration of the task…. However, the heading excludes machines, instruments or apparatus incorporating or working in conjunction with an automatic data processing machine and performing a specific function. Such machines, instruments or apparatus are classified in the headings appropriate to their respective functions or, failing that, in residual headings (See Part (E) of the General Explanatory Note to this Chapter). AUTOMATIC DATA PROCESSING MACHINES The automatic data processing machines of this heading must be capable of fulfilling simultaneously the conditions laid down in Note 6 (A) to this Chapter. […] Thus, machines which operate only on fixed programs, i.e., programs which cannot be modified by the user, are excluded even though the user may be able to choose from a number of such fixed programs. These machines have storage capability and also stored programs which can be changed from job to job…. The EN to heading 8471, Part (B) Separately presented units, states that: Subject to the provisions of Notes 6 (D) and (E) to this Chapter, this heading also covers separately presented constituent units of automatic data processing systems. These may be in the form of units having a separate housing or in the form of units not having a separate housing and designed to be inserted into a machine (e.g., insertion onto the main board of a central processing unit). Constituent units are those defined in Part (A) above and in the following paragraphs, as being parts of a complete system. An apparatus can only be classified in this heading as a unit of an automatic data processing system if it: a) Performs a data processing function; b) Meets the following criteria set out in Note 6 (C) to this Chapter c) Is not excluded by the provisions of Notes 6 (D) and (E) to this Chapter. … If the unit performs a specific function other than data processing, it is to be classified in the heading appropriate to that function or, failing that, in a residual heading (see Note 6 (E) to this Chapter). If an apparatus does not meet the criteria set out in Note 6 (C) to this Chapter, or is not performing a data processing function, it is to be classified according to 5 its characteristics by application of General Interpretative Rule 1, if necessary in combination with General Interpretative Rule 3 (a)…. Apart from central processing units and input and output units, examples of other units include : (3) Control and adaptor units such as those to effect interconnection of the central processing unit to input or output units (e.g., USB hubs). However, control and adaptor units for communication in a wired or wireless network (such as a local or wide area network) are excluded (heading 85.17). The EN to heading 8517 states, in relevant part: This heading covers apparatus for the transmission or reception of speech or other sounds, images or other data between two points by variation of an electric current or optical wave flowing in a wired network or by electromagnetic waves in a wireless network. The signal may be analogue or digital. The networks, which may be interconnected, include telephony, telegraphy, radio-telephony, radio-telegraphy, local and wide area networks. In NY N294888, CBP classified the subject UH700 in subheading 8517.62, 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.” Heading 8517, HTSUS, provides for transmission or reception apparatus that may be used in a wired or wireless network. See EN 85.17. The UH700, however, is not actively transmitting or receiving within a wired or wireless network. The UH700 is used to expand the number of available USB ports on a PC. The UH700’s function is to connect peripheral devices to an ADP machine. This function is described under heading 8471, HTSUS, which provides for “units of ADP machines.” As such, the UH700 is properly classifiable under heading 8471, HTSUS, and specifically under subheading 8471.80.10, HTSUS, based on its function as acting as a unit to an ADP machine. Heading 8471, HTSUS, provides for separately presented units of ADP machines. These are devices that are solely or principally used in an ADP system, connect to the central processing unit (CPU), and are able to accept or deliver data which can be used by the system. See Note 6(C) to Ch. 84, HTSUS. The UH700 connects to an ADP machine and is solely or principally used with ADP machines. Moreover, the UH700 is able to accept or deliver data which can be used by the ADP system. Further, we find that the UH700 is not precluded from classification in the heading by Note 6(E) because it is not performing a specific function other than data processing. CBP has consistently classified similar hubs in subheading 8471.80.10, HTSUS. See New York Ruling (NY) N301143, dated November 7, 2018 (USB hubs directly connected to a personal computer (PC) to facilitate data transfer from various peripherals to the connected PC were classifiable in subheading 8471.80.10, HTSUS), NY N201706, dated February 22, 2012 6 (USB hub and charger that connected up to four peripheral devices simultaneously to a PC was classified in subheading 8471.80.10, HTSUS), and NY N085484, dated December 3, 2009 (USB hub allowing up to four peripheral devices connected to a PC classified in subheading 8471.80.10, HTSUS). Therefore, the UH700 cannot be classified under subheading 8517.62, HTSUS and NY N294888 should be modified with respect to the tariff classification of the UH700. HOLDING: By application of GRIs 1 (Note 6 to Chapter 84) and 6, the UH700 is classified in heading 8471, HTSUS, and specifically subheading 8471.80.10, HTSUS which provides for “Automatic data processing machines and units thereof…: Other units of automatic data processing machines: Control or adapter units.” The general rate of duty will be Free. This ruling does not address the applicability of any additional duties that may apply to the goods discussed herein. Likewise, 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 www.usitc.gov. EFFECT ON OTHER RULINGS: NY N294888, dated March 23, 2018, is hereby MODIFIED with respect to the classification of the USB 3.0 7-Port Hub. In accordance with 19 U.S.C. § 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin Sincerely, for Yuliya A. Gulis, Director Commercial and Trade Facilitation Division