The tariff classification of antennas, for use in radio frequency identification tags, from India.

N004923 January 11, 2007 CLA-2-85:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.90.8880 Rama Dharmarajan JALPAC AMERICAS, INC. 1122 Vernon Terrace San Mateo, CA 94402 RE: The tariff classification of antennas, for use in radio frequency identification tags, from India. Dear Mr. Dharmarajan: In your letter dated December 11, 2006, you requested a tariff classification ruling. The items concerned are antennas constructed of patterned copper cladding on transparent polyester film. These “printed” antennas will be incorporated into radio frequency identification tags (RFID tags). The applicable subheading for the copper on polyester RFID tag antennas will be 8543.90.8880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electrical machines and apparatus…: Parts: Other: Other: Other: Other the rate of duty will be 2.6%. 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 on World Wide Web at http://www.usitc.gov/tata/hts/. Articles classifiable under subheading 8543.90.8880, HTSUS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP". This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes was sent to the President for proclamation of the changes. By law, the President cannot proclaim the implementation of these latter amendments in the HTS until a required 60-legislative-day Congressional layover period is completed. We understand that the layover period has been completed. Accordingly, the recommended changes will become law after they are proclaimed by the President. The effective date of those changes will be specified in the Presidential proclamation. In addition, at that time, the United States International Trade Commission will post an updated electronic version of the 2007 HTSUS on its website, www.usitc.gov, and the Government Printing Office will publish a hard-copy version of the 2007 HTS. Once those changes are in effect, it is anticipated that your merchandise will be classified in 8543.70.96 HTSUS. Under the circumstances, this information is advisory only. 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, contact National Import Specialist Steven Pollichino at 646-733-3008. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division