CLA-2-85:OT:RR:NC:1:108

Ms. Pam Jones
Vegas.com LLC dba Cyllenius
2370 Corporate Circle
3rd Floor
Henderson, NV 89074

RE: The tariff classification of a synthetic wristband and a RFID wristband from various countries.

Dear Ms. Jones:

In your letter dated March 3, 2009, you requested a tariff classification ruling.

The merchandise under consideration is a standard synthetic, printed wristband with personalized graphics and bar-code variable data, and a printed wristband containing a radio frequency identification tags (RFID). Samples of both items were submitted and are being retained by this office.

Sample 1, designated as “Cyllenius,” was submitted for our examination.  You state in your letter that it is a standard synthetic, printed wristband with personalized graphics and bar-coded variable data created by a process you state is Flexography or Digital technology.  The wristband measures approximately 10” long x 1” wide.  The principal use of the wristband is for access control and patron redemption at theme parks, concerts and festival events. 

Sample 2, designated as “Cylenius-Connecting…People Outlets Properties,” was also examined. This sample contains an unrecorded RFID inlay in the form of a chip. This wristbands acts as a proximity tag, which consist of an integrated circuit with read only memory that is attached to a printed antenna. Further, it is stated that this RFID tag can be written to only once by the user and thereafter, the RFID tag can only be read. As per a conversation with the importer, this RFID wristband does not transmit data.

The applicable subheading for the printed “Cyllenius” wristband will be 4821.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Paper and paperboard labels of all kinds, whether or not printed: Printed: printed in whole or in part by a lithograph process. The rate of duty will be Free.

The applicable subheading for the RFID wristband will be 8523.52.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Disc, tapes, solid-state non-volatile storage devices, “smart cards” and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37: Semiconductor media: “Smart cards”: unrecorded. 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 Lisa Cariello at (646) 733-3014.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division