CLA-2-85:OT:RR:NC:N1:109
Ms. Antionette McKnight
American Shipping Company, Incorporated
250 Moonachie Rd., 5th Floor
Moonachie, NJ 07074
RE: The tariff classification of Bluetooth headsets from China
Dear Ms. Antionette McKnight:
In your letter dated June 5, 2012 you requested a tariff classification ruling on behalf of your client, Voyetra Turtle Beach, Incorporated
The merchandise subject to this ruling is five Bluetooth headsets. They are identified within your ruling letter as Model Numbers XP500, PX5, Delta, XP300, and XP400. Your letter states that the headsets are primarily designed for gaming purposes for utilization with such electronic games as the Sony PlayStation 3 and the Microsoft Xbox 360. Within your submission you also state that the headsets can also transmit radio frequency (RF) not only from a game console, but also to the game console enabling the user to speak with others within a local or wide area network. Additionally, these headsets can communicate with any other device capable of receiving RF signals using Bluetooth technology, such as phones, computers, and other consumer electronic devices. As such, although they are designed for gaming purposes, it is not solely or principally used with a gaming system. Samples of each of the five Bluetooth headsets were furnished for classification purposes and are being returned to you as per your request.
Each of the headsets has a transceiver microchip which provides 2-way communication that allows the user to communicate with other online video game players. The headsets receive and transmit RF signals from and to a video game console. The headsets receive an RF signal and convert it to sound waves for a player to hear. When a player speaks, the sound waves are converted to RF signals and sent back to the video game console, enabling all players on the a PlayStation network to hear the audio and to speak to one another. The headsets utilize Bluetooth, which is an open wireless protocol for exchanging data over short distances using radio waves, which enables the headsets to communicate wirelessly with other devices that they are “paired” up with, such as a cell phone and other Bluetooth devices. The XP500, PX5, and Delta headsets use wireless CD-quality game sound via digital 2.404-2.475 GHz RF that communicates with a transmitter that is included in each headset. The XP300 and XP400 use wireless CD-quality game sound via digital 5.160-5.280 GHz RF that communicates with a transmitter that is included with each headset.
The applicable subheading for the Bluetooth headsets (Model Numbers XP500, PX5, Delta, XP300, and XP400) will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” 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 Linda M. Hackett at (646) 733-3015.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division