CLA-2-85:OT:RR:NC:N2:220
Carl Mertz
TP-Link USA Corp
145 South State College Blvd
Suite 400
Brea, CA 92821
RE: The tariff classification of Smart Switches, Plugs, Bulbs, and Cameras from China
Dear Mr. Mertz:
In your letter dated October 1, 2018 you requested a tariff classification ruling.
The first group of items under consideration are identified as Smart Wi-Fi Controlled Switches, PNs HS200 and HS220, which are described as wall mounted electrical switches for controlling a single circuit. The HS200 is a standard single wiring configuration smart switch that features front facing dimming buttons and a main circuit button. The HS220 is a 3-way wiring configuration smart switch that features a single front facing main circuit button only. Based on the information provided, the HS220 is not a dimmable switch, however both smart switches are said to wirelessly connect to a local network in order to provide users with control of the circuit from their smart device application and programming with voice assistants such as Google Assistant and Amazon Alexa.
The second group of items under consideration are identified as Smart Wi-Fi Controlled Electrical Plugs and Power Strips, PNs HS100, HS107, and HS300 which are respectively described as single outlets, dual outlets, and power strips. On the front of the HS100 is a power on/off switch which allows users to manually control the connected appliance and a single electrical female socket output. The HS107 has two female sockets and a power switch for each which allows for two circuits to be connected and controlled. The HS300 provides for 6 outlets, each with a manual on/off button, 3 USB charging sockets, and a 3-prong grounded electrical cord. Each of the smart plugs are said to wirelessly connect to a local network in order to provide users with control of the plug, and by extension the electrical articles plugged into it, either manually or from their smart device application and/or programming with voice assistants such as Google Assistant and Amazon Alexa.
The third group of items under consideration are identified Smart Wi-Fi Controlled Light Bulbs, PNs KL110 and KL130, which are described as dimmable, color changing LED A19 style lamps with an E26 base. The subject lamps wirelessly connect a local network in order to provide users with control of the lamp from their smart device application and/or programming with voice assistants such as Google Assistant and Amazon Alexa.
The fourth group of items under consideration are identified as Security Cameras. There are two camera models submitted, the KC120 indoor camera and the KC200 outdoor camera. Both cameras transmit “real time” video to a location outside the camera, such as a smartphone application. The subject cameras do not contain any inbuilt recording capability; however, they are configurable to store video to a cloud based storage system.
The applicable subheading for the Smart Wi-Fi Controlled Switches, PNs HS200 and HS220, and the Smart Wi-Fi Controlled Electrical Plug, PN HS100 will be 8536.50.7000, Harmonized Tariff Schedule of the United States, (HTSUS,) which provides for “Electrical apparatus for switching or protecting electrical circuits…, other switches:…, other:, electronic AC switches consisting of optically coupled input and output circuits…, electronic switches, including temperature protected switches, consisting of a transistor and a logic chip (chip-on-chip technology); electromechanical snap-action switches for a current not exceeding 11 amps”. The rate of duty will be Free.
The applicable subheading for the Smart Wi-Fi Controlled Electrical Plugs and Power Strips, PNs HS107 and HS300, will be 8537.10.9170, HTSUS, which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of 8535 or 8536, for electric control or the distribution of electricity…: For a voltage not exceeding 1,000 V: Other: Other: Other”. The general rate of duty will be 2.7 percent ad valorem.
The applicable subheading for the Smart Wi-Fi Controlled Light Bulbs, PNs KL110 and KL130, will be 8539.50.0010, HTSUS, which provides for “Electrical filament or discharge lamps…; Light-emitting diode (LED) lamps; Of a type specified in statistical note 8(a) to this chapter.” The rate of duty will be 2 percent ad valorem.
The applicable subheading for the Security Cameras, PNs KC120 and KC200, will be 8525.80.3010, HTSUS, which provides for “Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; …: Television cameras, digital cameras and video camera recorders: Television cameras: Other: Color”. The rate of duty will be 0.5 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 8536.50.7000, 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 8536.50.7000, HTSUS, listed above.
Products of China classified under subheading 8525.80.3010 and 8537.10.9170, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8525.80.3010 and 8537.10.9170, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division