The tariff classification of the Specdrum from China

N301192 November 13, 2018 CLA-2-85:OT:RR:NC:N2:220 CATEGORY: Classification TARIFF NO.: 8543.70.9960 James M. Booth Sphero, Inc. 4772 Walnut St, Suite 206 Boulder, CO 80301 RE: The tariff classification of the Specdrum from China Dear Mr. Booth: In your letter dated October 4, 2018 you requested a tariff classification ruling. The merchandise under consideration is identified as the Specdrum which is described as a plastic ring consisting of a rechargeable lithium polymer battery, a printed circuit board assembly, two LED lights (one white for the color sensor system and one RGB mix), and various sensors. The battery is charged via a micro USB charging port on the side of the ring. What you describe as sensors include an accelerometer, which is used to detect taps and velocity, and a color sensor to identify the color of a tapped surface. The PCBA processor handles the functionality of all sensors, lights, power, and Bluetooth connection to a smartphone, tablet, or personal computer. The Specdrum is shipped in retail packaging containing two Specdrum Rings, a USB charging cable, an accessory audio cable, a mousepad material playing pad, a drawstring cloth carrying case and an envelope with a quick start guide. The ring is intended to be worn on the hand and measures approximately 1 inch in width and height and 0.5 inch in thickness. In use, users would download the Specdrum application (app) for their specific smart device and through the app, they would program certain audio tones and sound effects to be produced corresponding to the color of the tapped surface. As the user taps the surface, the Specdrum identifies the color of the surface and measures the force of the device’s contact with that surface. This data is transmitted to the user’s smart device running the app and plays the sound(s) produced. The applicable subheading for the Specdrum will be 8543.70.9960, Harmionized Tariff Schedule of the United States, (HTSUS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; Other machines and apparatus; …Other”. The rate of duty will be 2.6 percent ad valorem. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 8543.70.9960, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9960, HTSUS, listed above. 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 https://hts.usitc.gov/current. 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 Karl Moosbrugger at karl.moosbrugger@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division