The tariff classification of wireless transceivers from Mexico.

N270321 November 20, 2015 CLA-2-85:OT:RR:NC:4:109  CATEGORY:  Classification TARIFF NO.: 8517.62.0050 Ms. Karia Herrera R.L. Jones Customhouse Brokers 8830 Siempre Viva Road, Suite 100 San Diego, CA 92154 RE:  The tariff classification of wireless transceivers from Mexico.  Dear Ms. Herrera:In your letter dated October 27, 2015, you requested a tariff classification ruling on behalf of your client, Greatbatch Medical, SA.The merchandise under consideration for tariff classification is identified as the Pocket Programmer (Model 4100), and the Programmer Charger (Model 4200). Each of these devices is used with the Algovita Spinal Cord Stimulation (SCS) system. They both communicate wirelessly through Bluetooth® with either an implantable or external pulse generator. A pulse generator is used in the medical industry as pain management therapy. It delivers electrical pulses to specific areas of the spinal cord, the stimulation of which modifies pain signals traveling to the brain. It has been noted in the ruling request that the implantable pulse generator and electrical leads are not being imported. Each device functions essentially the same in that they communicate wirelessly through Bluetooth technology by transmitting and receiving data with a pulse generator. They turn on or off the pulse generator, adjust stimulation, select preprogrammed settings that the doctor has recommended for certain activities or postures, and check the battery charge levels. The Pocket Programmer is presented as a “keychain” that is controlled by buttons, and the Programmer Charger is presented as a digital touch screen handheld device. The Programmer Charger has the additional function of wirelessly charging a pulse generator using charging paddles. Based on the information supplied the wireless communication function provides the principal function to this unit. In your request you suggested classification be in subheading 8537.10.9070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517: For a voltage not exceeding 1,000 V: Other: Other: Other. However, this merchandise transmits signals to the implanted device through the use of Bluetooth data signals, and does not principally function to control and distribute electricity. Therefore, classification in subheading 8537.10.9070, HTSUS, is not applicable. The applicable subheading for both the Pocket Programmer (Model 4100) and the Programmer Charger (Model 4200) will be 8517.62.0050, HTSUS, which provides for “ … Other apparatus for transmission or reception of voice, images or other data…: Machine for the reception, conversion and transmission or regeneration of voice, images or other data…: Other.” The rate of duty will be Free. In addition you inquired as to the classification of both devices when imported as a set, packaged for retail sale. Since each device performs the principal function of transmitting and receiving data and is classified under the same subheading when imported separately, they do not meet the criteria of a “set” for tariff classification purposes. As such each item within the retail package would have to be classified separately. 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 Steven Pollichino at steven.pollichino@cbp.dhs.gov.Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division