CLA-2-85:OT:RR:NC:N1:112
Stephen S. Spraitzar
Law Offices – George R. Tuttle
One Embarcadero Center, Suite 730
San Francisco, CA 94111
RE: The tariff classification of a Bark Collar and a Dog Collar Training Set from an unspecified country of origin
Dear Mr. Spraitzar:
In your letter dated June 9, 2011, you requested a tariff classification ruling on behalf of your client DogWidgetsForLess, Inc.
The first item concerned is referred to as the “Bark Terminator – Advanced Bark Control Collar”, model number BT-3. This item consists of an electronic tone/shock generator, attached to a strap/dog collar. In use the collar with the shock generator is placed around the neck of a dog. There are two metal prongs that extend from the generator and touch the dog’s neck. The metal prongs allow an electric shock to pass from the generator to the dog’s neck. The Bark Terminator is controlled by an internal microprocessor which can distinguish between a dog’s bark and other environmental sounds. This device delivers sound and electrical shock stimuli at gradually increasing intensities each time the dog barks. Eventually the dog will learn that it’s own barking is the cause of the pain/discomfort. This item is used to “Humanely” stop a dog from barking
The applicable subheading for the “Bark Terminator – Advanced Bark Control Collar”, model number BT-3 will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other”. The general rate of duty will be 2.6%.
The next item concerned is referred to as a “Dog Collar Training Set” model ET-9898. This set, which is packaged ready for retail sale, includes a hand held transmitter/remote control, an electric shock/tone/vibration generator with a build in receiver, 1 battery, 1 strap, 2 sets of metal prongs (long and short), 1 wall charger and 1 manual. This set is intended to be used as a training aid for dogs.
In use, the appropriate size metal prongs would be screwed into the electric shock/tone/vibration generator. Then the generator would be attached to the strap (dog collar). The strap would be secured around the neck of a dog, with the metal prongs touching the dog’s neck. The metal prongs allow an electric shock to be transferred from the shock/tone/vibration generator to the neck of the dog. When the dog barks or exhibits some type of undesirable behavior the dog owner/trainer can transmit a signal, via the handheld remote control, to the electric tone/shock/vibration generator. The remote control unit can transmit various control instructions, such as tone only, shock only, vibrate only, all three, strength of shock, etc. When the receiver within the electric tone/shock/vibration generator receives the signal the generator takes the appropriate action. The electric shock, tone and vibration stimuli will eventually teach the dog to cease the inappropriate behavior.
The applicable subheading for the “Dog Collar Training Set” model ET-9898 will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other”. The general rate of duty will be 2.6%.
You have also requested the classification for both the hand held transmitter/remote control unit and the electric shock/tone/vibration generator with a build in receiver, when imported separately.
The applicable subheading for the hand held electric shock/tone/vibration generator with a build in receiver will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other”. The general rate of duty will be 2.6%.
You have proposed the classification for the hand held transmitter/remote control under subheading 8543.70.9650, as an electrical machine or apparatus not specified or provided for elsewhere or alternatively under subheading 8525.50.70000, as transmission apparatus for radio broadcasting. Prior to classifying under heading 8543 we have to determine if there is a more specific heading into which this device can be classified. The transmitter/remote control unit is not a transmission apparatus for radio broadcasting, therefore its classification in subheading 8525.50.7000 is not applicable. The transmitter is a radio frequency remote control. It controls the electric tone/shock/vibration generator from a distance through a radio frequency. Note 5 to Section XVI states that a machine is any machine, machinery, plant, equipment, apparatus or appliance cited in the headings of chapter 84 or 85. Since the tone/shock/vibration generator is classified in chapter 85 and the transmitter/remote control unit controls the functions of the tone/shock/vibration generator, the transmitter/remote control unit is classifiable under heading 8526. Heading 8526 is more specific than heading 8543, as such classification under subheading 8543.70.9650 is not applicable.
The applicable subheading for the hand held transmitter/remote control will be 8526.92.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio remote control apparatus”. The general rate of duty will be 4.9%.
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 heading 8526, please contact National Import Specialist Lisa Cariello at (646) 733-3014, for all other questions please contact National Import Specialist Steven Pollichino at (646) 733-3008.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division