CLA-2-90:RR:NC:N1:105
Ms. Roxanne Peiffer
Norman G. Jensen Inc.
3050 Metro Drive, Ste 300
Minneapolis. MN 55425
RE: The tariff classification of PockeTalkers from China
Dear Ms. Peiffer:
In your letter dated March 24, 2008, on behalf of Williams Sound Corporation, you requested a tariff classification ruling. Three samples were provided.
You describe the samples as follows:
A) Pocketalker Ultra Duo pack: PKT D1 EH - this is a kit that is packaged for retail sale upon import in the same condition the enclosed sample is. It contains the Pocketalker amplifier, 2 AAA batteries, microphone, TV Listening extension cord, Lanyard, instruction manual, Mini ear bud, and a folding headphone.
B) Pocketalker: PKT D1 Nur and PKT C1 Nur - these are not packaged for retail sale upon import. After import, Williams Sound will package them with various accessories; typically they will include an earphone or headphone, a microphone, batteries, and a cable.
The packaging for the Pocketalker Ultra kit states, in large print, “Improve Your Hearing, Improve Your Life.”
From the booklet in the retail box, the personal amplifier would typically be clipped on the person (using the built-in clip) or left on a restaurant table, etc, to receive sound waves and to convert them to amplified electrical signals which are sent by wire to headphones. Its output can also power a telecoil to send that sound information to an in-the-ear hearing aid with a built in telephone coil via magnetic induction.
While it differs from item you cite in NY Ruling letter D80822-105, 8-11-98, since it is not an in-the-ear device, it appears from your sample and your advertising literature that this device will also be used principally as a low cost way to compensate for hearing loss in people with moderate deafness and not to enhance the hearing of others to hear faint sounds.
The PKT D1 NUR is the Pocketalker person amplifier, i.e., the main element in the kit, which receives sounds from a small microphone which plugs into its top surface and emits corresponding amplified electrical outputs.
The PKT C1 NUR is labeled as the Pocketalker Pro. You did not provide any description of it. However, www.marilynelectronics.com/Pocketalker-Pro-w-EAR013-Earphone-p/ws-pktpro1-e13.htm describes a kit that uses it as its main element as:
Pocketalker Pro w/EAR013 Earphone by Williams Sound.
The Pocketalker Pro is an easy to use, portable amplifier that can improve your ability to communicate in difficult listening situations. It helps you listen and function more effectively.
Quality Components - the Pocketalker Pro includes a sensitive microphone that can be placed close to the sound source to minimize background noise, a compact amplifier with volume control, and a choice of three earphone/headphone options to deliver full range, high quality sound. Two AA batteries provide up to 100 hours of use, while rechargeable batteries and an AC adapter/charger are also available. A microphone extension cord for TV listening, a belt clip case, and handy carry cases are standard components as well. The optional Telelink attaches to the handset of most telephones and amplifies calls to a clear and comfortable listening level. Foe hearing aid wearers, neck loop and silhouette telecoil couplers are available for use with telecoil equipped hearing aids.
The Pocketalker Pro can be used for one on one conversations, indoor and outdoor activities, listening in a car, TV or radio listening, and restaurants or small groups.
The PockeTalker Pro is thus quite similar to the PockeTalker Ultra.
We agree that the applicable subheading for the three items will be 9021.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Hearing aids, excluding parts and accessories thereof. The rate of duty will be Free.
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 http://www.usitc.gov/tata/hts/.
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 J. Sheridan at 646-733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division