CLA-2-85:OT:RR:NC:N2:212
Paula Connelly
Sandler, Travis & Rosenberg, P.A.
100 Trade Center, Suite G-700
Woburn, MA 01801
RE: The tariff classification of pet training products from China
Dear Ms. Connelly:
In your letter dated November 12, 2019, you requested a tariff classification ruling on behalf of your client, Dogwatch, Inc.
There are three items at issue with this request. The first is identified as the BarkCollar and described as a dog training device. The device is attached to a collar strap and worn in such a way that it comes in direct contact with the dog’s neck. When the dog barks, the device registers the sound and delivers a vibration or stimulation meant to distract the dog and break the barking cycle. The BarkCollar has seven adjustable settings of stimulation as well as a vibration only setting. The corrective action will increase within the selected range as the dog continues to bark. Once the barking stops, the device resets. The BarkCollar is retail packaged with the device, collar strap, battery charger, contact posts, and multi-tool.
The second item is identified as the ProFence Transmitter, which you state is used in conjunction with the ProFence outdoor hidden pet fence system. The transmitter is connected to a wire that, when buried in the ground, sets the desired boundaries for the pet. When the animal gets close in proximity to the wire boundary, the transmitter sends a wireless signal to the corresponding receiver worn by the pet. You state that the transmitter emits an 8 kHz signal. We note that the fence wire and receiver are not at issue with this ruling.
The third item is identified as the SmartFence Transmitter, which you state is used in conjunction with the SmartFence outdoor hidden pet fence system. The transmitter is functionally identical to the ProFence transmitter with the only exception being that the signal emitted is at 900MHz. Similarly, the receiver and wire are not subject to this request.
In your request, you state that the correct subheading for the items at issue is 8543.70.9960, Harmonized Tariff Schedule of the United States (HTSUS). We agree in part.
As the BarkCollar constitutes "goods put up in sets for retail sale,” it would be classified according to the rules set forth in General Rule of Interpretation (GRI) 3(b). GRI 3(b) provides, in relevant part, that such sets are classified by the component that imparts the essential character. It is the opinion of this office that the correction module imparts the essential character of the set.
The applicable subheading for the BarkCollar will be 8543.70.9960, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6% ad valorem.
With regard to the classification of the ProFence and SmartFence transmitter, this office disagrees with the suggested subheading of 8543.70.9960, HTSUS. You state in your submission that the subject transmitters, when connected to an underground wire, emit a wireless signal that is picked up by the receiver module worn by the dog. Additionally, you state that the transmitter provides constant, wireless communication to the receiver modules. The wireless communication function is specifically described and provided for under heading 8517, HTSUS. As such, classification under heading 8543, HTSUS, is not appropriate.
The applicable subheading for the ProFence transmitter and SmartFence transmitter will be 8517.69.0000, HTSUS, which provides for “Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data…: Other apparatus for transmission or reception of voice, images or other data…: Other.” The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9960, 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., 9903.88.02, in addition to subheading 8543.70.9960, HTSUS, listed above. Additionally, products of China classified under subheading 8517.69.0000, 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., 9903.88.03 in addition to subheading 8517.69.0000, HTSUS.
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 Section 301 trade remedy, 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 https://www.cbp.gov/trade/remedies/301-certain-products-china
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 Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division