CLA-2-85:OT:RR:NC:N2:208
Mr. Patrick Hennessey
BDA - Bensussen Deutsch & Associates
15525 Woodinville Redmond RD NE
Woodinville, WA 98072
RE: The tariff classification of radio remote controllers from China
Dear Mr. Hennessey:
In your letter dated October 11, 2019, you requested a tariff classification ruling.
The merchandise under consideration is the Moga XP5 game controller, models XP5-a and the XP5-a Plus. Both remote controllers can operate wirelessly through radio frequency or by a wired connection to tablets, phones, computers, and televisions. Moreover, both models can control compatible Android games running locally on tablets and cell phones. In addition, the Moga XP5 controllers will work with cloud-based and local games on personal computers while connected via Bluetooth or a USB cord. It is the opinion of this office, that the principal function of both models is performed by the radio remote control function via Bluetooth connectivity.
In your request, you suggest that the subject XP5 game controllers are classified under subheading 8526.92.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in pertinent part, for “radio remote control apparatus for video game consoles.” However, the subject remote controllers are not principally or solely used with video game consoles; therefore, classification in this subheading not applicable.
The applicable subheading for the subject controllers will be 8526.92.5000, HTSUS, which provides for Radar apparatus, radio navigational aid apparatus and radio remote control apparatus: Other: Radio remote control apparatus: Other. The rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8526.92.5000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8526.92.5000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 Lisa Cariello at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division