CLA-2-85: OT: RR:NC: N2:208
Jenn Park
Flexport
760 Market Street
San Francisco, California 94102
RE: The tariff classification of an outdoor security camera system from China
Dear Ms. Park:
In your letter dated March 21, 2022, on behalf of Fantasia Trading LLC, you requested a tariff classification ruling.
The merchandise under consideration is the Indoor Security Camera, model number T8410X, which is a security camera used inside the home. This camera is a single unit wired camera that must be plugged into an electrical outlet to maintain power. The subject camera has a 125-degree field of view, and the lens can pan 360 degrees and tilt 96 degrees vertically, which can be controlled by the user via a joystick on their mobile device or computer. Moreover, the camera has a MicroSD card slot for memory and motion detection for both pets and humans. The subject camera sends video in “real time” to a mobile device, such as a smartphone and it can capture and record video internally onto a MicroSD card which can be inserted into the SD card slot on the camera. This indoor camera cannot record still images internally onto its SD card. In addition, this camera has a subsidiary two-way talk intercom feature.
At the time of importation, the camera is packaged for retail sale with the following components: a user manual, a USB charging cable, a USB power adapter, an installation positioning card, a mounting screw pack, and a mounting plate. It is the opinion of this office, that the camera imparts the essential character of the set.
In your submission, you suggest classification in subheading 8517.62.0090, HTSUS, as “other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network.” However, the item concerned is a camera which is used as an electronic surveillance tool to provide security to the user’s home. While the item concerned does function within a security network to transmit information, the unit’s ability to capture video/images (which allow it to function as surveillance camera) takes the unit beyond the intended scope of heading 8517, HTSUS. The network connectivity functionality is a secondary or support function. As such, heading 8517, HTSUS, would not be applicable.
The applicable subheading for this outdoor camera security system will be 8525.89.5050, HTSUS, “Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Television cameras, digital cameras and video camera recorders: Other: Other: 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 8525.89.5050, 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 8525.89.5050, 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, including information on exclusions and their effective dates, 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