The tariff classification of smart eyeglass frames from China

N307688 December 11, 2019 CLA-2-85:OT:RR:NC:N2:209 CATEGORY: Classification TARIFF NO.: 8517.62.0090, 9903.88.15 Jennifer Diaz, Esq. Diaz Trade Law 12700 Biscayne Blvd., 301 North Miami, Florida 33181 RE: The tariff classification of smart eyeglass frames from China Dear Ms. Diaz: In your letter dated November 15, 2019, you requested a tariff classification ruling on behalf of your client, Innovative Eyewear, LLC. The item(s) concerned is referred to as a smart eyewear product, named Lucyd Loud Frames (with or without protective lenses). This product comes in eleven (11) styles based on color and the inclusion of UV or protective lenses. There is no structural difference between the different styles. These eyeglass frames allow the user to listen to audio or conduct a phone conversation through an embedded Bluetooth module, speaker, and microphones hidden in the frame’s legs. The Lucyd Loud Frames can connect to a variety of compatible Bluetooth devices like a smart television, stereo, or smartphone. The applicable subheading for the Lucyd Loud Frames will be 8517.62.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network…: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other”. The rate of duty will be Free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8517.62.00, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8517.62.0090, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 the 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 Steven Pollichinio at steven.pollichino@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division