The tariff classification of a battery-powered pet door from an unspecified country

N270219 November 23, 2015 CLA-2-39:OT:RR:NC:N3:421 CATEGORY: Classification TARIFF NO.: 3925.90.0000 Christopher Reynolds OHL Trade Services 5101 S. Broad Street Philadelphia, PA 19112 RE: The tariff classification of a battery-powered pet door from an unspecified country Dear Mr. Reynolds: In your letter dated October 26, 2015, on behalf of Radio Systems Corporation, you requested a tariff classification ruling. The merchandise at issue is identified as an Electronic SmartDoor (SKU # HPA15-13808), a battery-powered pet flap constructed of plastic. The product is designed to be permanently installed in a standard household door to allow pets to enter and exit the premises. The SmartDoor opens and closes in response to a radio signal emitted by a “SmartKey” worn on a pet’s collar. When the pet approaches, the signal from the SmartKey triggers the pet flap, causing it to unlock. When the pet moves away, the pet flap locks back in place. The SmartDoor is powered by four D-cell batteries and is available in two sizes, small and large.You suggest classification of the Electronic SmartDoor in subheading 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere…” While the SmartDoor does incorporate electrical features (namely those components that receive the radio signal emanating from the collar and lock and unlock the flap), the article’s primary purpose is to serve as a means of ingress and egress for pets. In that respect the SmartDoor is used in the same manner as the gates and similar barriers referenced in Note 11(e) to Chapter 39. Additionally, Customs has previously ruled on a similar product, a battery-operated cat door, in New York Ruling Letter 870396, dated January 24, 1992. In that ruling it was determined that the article was properly classified in Chapter 39. The applicable subheading for the Electronic SmartDoor will be 3925.90.0000, HTSUS, which provides for Builders’ ware of plastics, not elsewhere specified or included: Other. The general rate of duty will be 5.3% ad valorem. 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 Evan Conceicao at evan.m.conceicao@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division