CLA-2-85:OT:RR:NC:N1:108
Ms. Carla Ramos
Romero and McNally
Division of Kuehne & Nagel, Inc.
9475 Nicola Tesla Ct.
San Diego, CA 92154
RE: The tariff classification of remote controls and a sensor module from Mexico
Dear Ms. Ramos:
In your letter dated December 15, 2011, on behalf of your client, the SMK Electronics Corporation, you requested a tariff classification ruling. Samples are being returned as requested.
The first two samples consist of the Scoop Wireless Pointer (Model 1) and the Scoop Wireless Presenter (Model 4), which operate as radio-frequency remote controls powered by two AAA alkaline batteries. They are shaped and designed as point-and-click devices to enable users to navigate content and application choices on personal computers (PC’s).
Model 1 is a PC/TV remote control for an HTPC (Home Theater PC), a PC, or a Mac connected to a television. It includes a scroll wheel and nine buttons. Model 4, which is a slight variation of Model 1, can operate as a presenter remote control. Both models have the capability of accessing slides of a PowerPoint presentation, with Model 4 having the subsidiary function of a laser pointer. Each remote control uses an accelerometer and a gyroscope to monitor its position.
The applicable subheading for these remote controls 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 percent ad valorem.
You have also submitted a sample labeled FSM-SENS-1. It is a long, thin, plastic tube with what appear to be unconnected, separate, populated circuit boards inside in a row. We take it that the sixteen pages of information you forwarded from HillCrestLabs.com re the Freespace Sensor Module is actually describing one of the two dozen or so identical circuit boards, which are independently used. Each board is about .5 by 1 inch.
Each circuit board contains MEMS (MicroElectroMechanical Systems). Since they are used in measuring acceleration force (whether produced by gravity or a change of velocity), we understand them to have physical components that will move or attempt to move in relation to larger, fixed components. The relative motion or strain will result in a variable electrical output from the board which closely approximates the acceleration and/or change of angular velocity that it is undergoing. For acceleration, its range is in the plus or minus 2 g range in three axes.
Harmonized System Explanatory Note I-A, example 29 to 9031 includes “Special electrical instruments for measuring stress and strain …” and example 30 includes “Load cells which convert changes in applied force (including weight) into proportional changes in voltage …”
The applicable subheading for the FSM-SENS-1 will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTSUS Chapter 90. The general rate of duty will be 1.7 percent ad valorem.
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,
Thomas J. Russo
Director
National Commodity Specialist Division