CLA-2-85:OT:RR:NC:N2:208
Madisen Patanella
Dick's Sporting Goods
345 Court Street Coraopolis, PA 15108
RE: The tariff classification of a streaming set from China
Dear Ms. Patanella:
In your letter dated November 9, 2023, you requested a tariff classification ruling.
The merchandise under consideration is referred to as the “Gamechanger” Streaming Kit 2.0, model GC24STREAMKIT. The Gamechanger consists of a tripod, a phone/camera mount, and a mountable carry case, all imported packaged together for retail sale as a set. The carry case can be mounted to a chain link fence or the provided tripod to protect the camera or phone from the sun and provide shelter from the rain. The aluminum tripod is designed to work with the mounting case, a phone, or a camera mount. Moreover, the 51-inch tripod, which contains three legs, is used to reduce random movements. It is the opinion of this office that both the tripod and the carrying case merit equal consideration in determining the essential character of this set.
In your submission, you suggest that the carrying case is the essential character of this set. However, neither the tripod nor the carrying case imparts the essential character of the set. Accordingly, classification will be in accordance with General Rule of Interpretation 3(c), Harmonized Tariff Schedule of the United States (HTSUS), which requires, in relevant part, that the item be classified in the heading (in this instance, heading 9620, HTSUS), which occurs last in numerical order among those which merit equal consideration.
The applicable subheading for the “Gamechanger” Streaming Kit 2.0, model GC24STREAMKIT, will be 9620.00.7000, HTSUS, which provides for “Monopods, bipods, tripods and similar articles: Other: Of aluminum.” The rate of duty will be 2.5% ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 9620.00.7000, 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 subheadings 9620.00.7000, 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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Lisa Cariello at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division