The tariff classification of a transducer from South Korea

N242103 June 4, 2013 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.4000 Mark D. Pinchok Trade Compliance Specialist Bayer International Trade Services Corporation 651 Colliers Way, Suite 414 Weirton, WV 26062 RE: The tariff classification of a transducer from South Korea Dear Mr. Pinchok: In your letter dated May 15, 2013 you requested a tariff classification ruling, on behalf of your client, Bayer Material Science LLC. The merchandise in question is known as the ViviTouch 3-Bar Planar Actuator (BMS part #’s 84439151 and 84439127). These items are based on Electro Active Polymer transducer technology. They are low wattage vibratory devices made up of an electrode, output bar and attached to a flex circuit. The ViviTouch is a device used in conjunction with other parts including drive electronics, travel guides and a transmission shaft to transform electrical energy into mechanical power. The electrodes are made up of a top electrode layer in conjunction with the output bar and flex circuit connected to the power source which produces the vibratory and pulsating feedback. The ViviTouch has been designed to mount to a case of a device to provide vibratory feedback. It enhances the user experience by synchronizing vibratory feedback with sight and sound in applications. The item is packaged in molded plastic trays and must undergo additional integration before they are sold. Integration into retail products will be completed outside the Unites States. The ViviTouch is used in industries such as audio (headphones), mobile computing (handsets, smartphones, tablets), video games (console controllers, gaming peripherals), consumer electronics (remote controls, major appliances, building control panels), and automotive (vehicle control panels). You propose classification in subheading 8501.10.4060, HTSUS. However, the ViviTouch is not a motor. Rather the ViviTouch is a transducer which may be used in conjunction with a motor to vibrate the mass in the module. Therefore, we do not believe subheading 8501.10.4060, HTSUS applies. The applicable subheading for the ViviTouch 3-Bar Planar Actuator will be 8543.70.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Electric synchros and transducers;…”. 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/. This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Josephine Heaning at (646) 733-3015. Sincerely, Thomas J. Russo Director National Commodity Specialist Division