CLA-2-84:OT:RR:NC:N4:120
Mr. George Keller
Customs Advisory Services, Inc.
100 Hartsfield Centre Parkway, Suite 350
Atlanta, GA 30354
RE: The tariff classification of a tablet personal computer enclosure, docking station, a Radio-Frequency Identification (RFID) Fob, and a kiosk from China.
Dear Mr. Keller:
In your letter dated July 28, 2016 you requested a tariff classification ruling on behalf of your client, Bouncepad Limited.
There are four items under consideration which you have identified as the enclosure and the docking station for the Luna Secure Dock and Charge System, the Luna Model RFID Fob, and the Bouncepad Sumo kiosk enclosure. These devices are intended to be used with tablet personal computers, hereafter referred to simply as tablets, to charge, protect, and secure the devices in public environments and with multiple users.
The Luna Secure Dock and Charge System is comprised of two devices, namely the enclosure and the dock. You describe the enclosure as being made up of a plastic shell with a polyurethane rubber support to secure a tablet mounted inside. The enclosure is equipped with an external LED light that signals the connected tablet’s lock and charge status and an embedded RFID reader that allows the tablet to be locked/unlocked from the docking station. Also within the enclosure is a printed circuit board which controls the RFID lock, the LED light, and the flow of power to the tablet from the docking station.
The second device, and part of the Luna Secure Dock and Charge System, is the docking station for the tablet enclosure. The docking station is used to secure the enclosed tablet to a mounting surface and provide power to charge the tablet’s batteries. It contains two servos that are used engage and disengage the locking mechanism that fastens the enclosure into the docking station. Also included is a power cable with USB and DC power options.
The third item under consideration is the Luna Model Radio-Frequency Identification Fob which contains a RFID chip that interacts with the RFID reader and a coil that acts as an antenna, both of which are encased in a plastic shell. Its primary purpose is to unlock the enclosure from the docking station allowing the tablet computer to be removed from a fixed location and turning it into a mobile device.
The last item is the Bouncepad Sumo, which is described as a plastic tablet computer kiosk with a steel mounting arm. The kiosk is mounted to either a vertical or horizontal surface and can be rotated for users to view, thereby displaying content at different angles, distances or platforms. The Bouncepad Sumo is intended to be used in retail and public environments such as shopping malls, restaurants, airports and children play areas and is specifically designed for tablets to allow for easy interaction while providing protection and security for the device.
You have suggested that the classification of the docking/charging stations and the enclosure should be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for control or adapter units for automatic data processing (APD) machines. However, each of these devices do not provide an ADP machine with any type of control function, nor do they allow for other devices to connect to, or interact with, the installed tablet by transferring data or other signals usable with the system. Rather, the docking/charging stations and the enclosure are only a means to physically secure the device to a fixed location and provide for charging of the batteries. Therefore, 8471.80.1000, HTSUS, is not appropriate.
The classification for the docking/charging stations and the enclosure is based on evidence that they are of a class or kind principally used with ADP machines of heading 8471, HTSUS, specifically, the tablet PCs. With regard to principal use, Additional U.S. Rule of Interpretation 1(a), HTSUS, provides that "a tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is the principal use." Principal use can and does change. Generally, in order to determine principal use, U.S. Customs and Border Protection relies on the facts and these decisions are made on a case-by-case basis.
The applicable subheading for the Luna Secure Dock and Charge System, the Luna Secure Dock and Charge System, and the Bouncepad Sumo kiosk enclosure will be 8473.30.5100, HTSUS, which provides for “Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469-8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other.” The rate of duty will be Free.
The applicable subheading for the Luna Model Radio-Frequency Identification Fob will be 8523.52.0090 HTSUS, which provides for “Discs, 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”: 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 the World Wide Web at https://hts.usitc.gov/current.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division