CLA-2-85:OT:RR:NC:N2:201
Yesenia Gallegos
Trade Compliance Manager
Allegion, PLC
2300 Boswell Road
Chula Vista, CA 91914
RE: The tariff classification of bicycle signaling equipment from China
Dear Ms. Gallegos:
In your letter dated January 15, 2021, you requested a tariff classification ruling on four (4) styles of visual lighting/signaling apparatus used on bicycles.
The articles have been identified with the following model numbers:
Street F-300 (model number 004493)
Incite X6 (model number 005025)
Avenue F-100 COB (model number 003700)
Street F-150 & Avenue R-30 (model number 004486)
The Street F-300 provides white light with the lumen counts per mode shown below.
Modes Lumens
High Steady 300
Medium Steady 150
Low Steady 60
Daytime Pulse 300
Nighttime Pulse 60/170
Economic Flash 60
You state that the F-300 is fully USB Rechargeable, with a run time up to 24 hours on a full charge.
The F-300 is equipped with:
Side illumination ports, which allow a cyclist to be seen when riding across traffic lanes.
Memory Function (Light turns on at the last mode it was turned off)
Power saving function (10% power or less, lights will automatically switch to lowest lumen output)
Built in battery indicator
The Incite X6 provides white light that is measured in LUX. You state that many lights with a high lumen count may blind oncoming drivers, cyclists and pedestrians. The Incite torch light illuminates what is in front of the rider, while also making them visible to those around them. It has a clear cut-off in the light distribution. The homogenous light has good side visibility and provides high safety for the rider. The Incite X6 is equipped with:
Double lens technology, which provides high quality precise light distribution
Auto Light Sensor that measures ambient brightness adjusting the light mode automatically
Side lighting for increased visibility and safety
Memory Function that remembers the last mode used
The Incite X6 is fully USB rechargeable and the display shows the remaining battery run time. You state the battery symbol in the display flashes to alert the rider when the battery level is below 20%. The Incite X6 provides 60 LUX, seven (7) lighting modes, a run time of 3 hours on high steady and 30 hours on economy mode.
The Avenue F-100 COB provides white light with the lumen counts per mode shown below.
Modes Lumens
High Steady 100
Medium Steady 50
Low Steady 20
Daytime Pulse 100
Nighttime Pulse 20/60
Economic Flash 20
The Avenue F-100 is fully USB rechargeable and possesses the following features:
Run time up to 22 hours
Side illumination ports that allow cyclists to be seen when riding across traffic lanes
Memory Function (Light turns on at the last mode it was turned off)
Power saving function (10% power or less, lights will automatically switch to lowest lumen output)
Built in battery indicator
The final item is a dual system consisting of a both a front and rear light. The Street F-150 provides white light, while the Avenue R-30 provides red light. Their respective lumens per mode are shown below.
Street F-150 Lumens Avenue R-30 Lumens
High Steady 150 30
Medium Steady 75 10
Low Steady 30
Daytime Pulse 150 30
Nighttime Pulse 30/60 5/15
Economic Flash 30 5
Both lights are fully USB Rechargeable. The run time varies between the two lights. The information provided states that the Street F-150 can provide up to 24 hours, while the Avenue R-30 will provide up to 7 ½ hours of light. You state that both lights share some common features, such as:
Power saving function (10% power or less, lights will automatically switch to lowest lumen output)
Memory Function (Lights turn on at the last mode it was turned off)and a
Built in battery indicators
In your request you state that it’s your opinion that all models should be classified in 8512.10.2000, which provides for “Electrical lighting or signaling equipment (excluding articles of heading 8539), windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof: Lighting or visual signaling equipment of a kind used on bicycles: Lighting equipment”. This office disagrees.
General Note 3. (h) (vi) to the HTSUS states “… a reference to “headings” encompasses subheadings indented thereunder.”
The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System represents the official interpretation of the tariff at the international level and facilitates classification under the HTSUS by offering guidance in understanding the scope of the headings and the General Rules of Interpretation (GRIs).
The ENs to heading 8512, which includes both “lighting” and “signaling” equipment, includes as exemplars for “Other electrical visual signaling apparatus, e.g. illuminated triangles for vehicles with trailers, illuminated indicators (of the revolving dome type or the “Light bar” type) for taxis, police vehicles, fire engines, etc.”
Because the subject lights are capable of remaining steady, or acting as a flashing signaling device, the lights will be considered composite goods. Consequently, GRI 1 cannot be used as a basis for classification.
GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, shall be classified as if they consisted of the material or component that gives them their essential character. The ENs to GRI 3 (b) (VIII), state that the factor, which determines essential character, will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the material or component that imparts the essential character to the composite good. GRI 3(c) provides that when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading that occurs last in numerical order among those, which equally merit consideration.
This office finds that both the steady and flashing component of the subject lights are equally important to the function of the good, therefore neither aspect/function of the light imparts the essential character of the bicycle lights. Accordingly, GRI 3(c) will be applied in classifying these bicycle lights.
The applicable subheading for the Street F-300 (model number 004493), Incite X6 (model number 005025), Avenue F-100 COB (model number 003700), and Street F-150 & Avenue R-30 (model number 004486) will be 8512.10.4000, which provides for “Electrical lighting or signaling equipment ... of a kind used for cycles …; parts thereof: Lighting or visual signaling equipment of a kind used on bicycles: Visual signaling equipment.” The general rate of duty will be 2.7%.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8512.10.4000, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8512.10.4000, 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 Matthew Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division