The tariff classification of an electronic smart watch from China

N311614 May 27, 2020 CLA-2-85:OT:RR:NC:N2:209 CATEGORY: Classification TARIFF NO.: 8517.62.0090, 9903.88.15 Timothy Ruane Senior Manager, Customs & Trade – Americas Amer Sports 130 E Randolph St. Suite 600 Chicago, Illinois 60601 RE: The tariff classification of an electronic smart watch from China Dear Mr. Ruane: In your letter dated May 5, 2020, you requested a tariff classification ruling on behalf of your client, Amer Sports Winter & Outdoor. The item concerned is referred to as the Suunto 7 which is a GPS sports and smart watch. The Suunto 7 is a multifunctional electronic wearable device which pairs its bi-directional open wireless Bluetooth and Wi-Fi technology with a smartphone or directly to the internet (using Wi-Fi connectivity). The Suunto 7 is worn on a person’s wrist and designed to both manage data and to support personal fitness. The Bluetooth/Wi-Fi capability is essential to the use and operation of the device because the Suunto 7 has limited functionality until it has been paired with a smart phone or internet. The Bluetooth and Wi-Fi transceivers enables the Suunto 7 to communicate wirelessly with a paired, internet connected mobile device to display, manipulate, and store data via the use of specific apps. The Suunto 7 displays incoming call notifications and messages. The user can reply to messages and answer calls directly from the smart watch itself. The device also works with contactless payment systems. The fitness functionality includes the ability to download and view maps, record, track and measure fitness levels based upon the information gathered by the incorporated fitness sensors within the device. The Suunto 7 features the following: • AMOLED display, Resolution: 454 x 454, touch screen. • Accelerometer, Gyroscope, Magnetometer, Barometer, Wrist heart rate, Ambient light, Off body sensor, Fused Speed and altitude • Wi-Fi, BT LE 4.2, NFC, USB • GPS • Battery - 450 mAh • Microphone • Operating system - Wear OS • Voice commands • Music playback with or without phone • Online and Offline maps The applicable subheading for the Suunto 7 GPS sports and smart watch 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 (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: 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 general 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 7.5 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 Pollichino at steven.pollichino@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division