CLA-2-85: OT: RR:NC: N2:208
Ms. Elizabeth K. Lowe
Venable LLP
600 Massachusetts Avenue, NW
Washington, District of Columbia 20001
RE: The tariff classification of an outdoor camera and a doorbell camera from China
Dear Ms. Lowe:
In your letter dated October 5, 2021, on behalf of Vivint Inc., you requested a tariff classification ruling.
The merchandise under consideration is the Vivint Outdoor Camera (SKU# VS-ODC 350-WHT) and Vivint Doorbell Camera (SKU# VS-DBC 350-WHT), both of which are designed to be used as part of a home surveillance system.
The Vivint Outdoor camera is installed outside the house, to surveil specific outdoor areas. The subject Outdoor Camera has a 4k HD sensor and a 140° field of view. Moreover, the subject camera can capture and record digital still images and video onto its microSD card internal memory. These images are transferred via a Wi-Fi network to a display or smartphone, so that “near” real-time video can be viewed and recorded remotely.
The Vivint Doorbell Camera is designed to be installed at a user’s door. This Doorbell Camera has a 1080p HD with a High Dynamic Range image sensor, and a 180° x 180° field of view. Moreover, this camera captures and records video and still images of surveillance events onto its internal microSD card and the eMMC memory. In addition, when an individual pushes the doorbell on the camera, it chimes like a regular doorbell and sends a notification to the user’s smartphone alerting the user that somebody pushed the doorbell. The subject Doorbell Camera also includes two-way talk functionality. The video clips recorded are stored in a video file in MP4 format and still images are recorded in JPEG format. It can also transmit these images to a smartphone or other devices to view and record the images remotely. It is the opinion of this office, that the surveillance camera performs the principal function of this composite machine.
The applicable subheading for both subject cameras will be 8525.80.4000, Harmonized Tariff Schedule of the United States (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, digital cameras, and video camera recorders: Digital still image video cameras.” 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 8525.80.4000, 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 8525.80.4000, 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, including information on exclusions and their effective dates, 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 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 Lisa Cariello at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division