CLA-2-85:OT:RR:NC:N2 209
Lily Yang
Meizhou Guowei Electronics (HK) Co., Ltd.
Room 1601, 16/F
Tower 2, Silvercord
30 Canton Road
Tsim Sha Tsui
Hong Kong
RE: The tariff classification of wireless audio baby monitors from China
Dear Ms. Yang:
In your letter dated August 6, 2024, you requested a tariff classification ruling.
The merchandise in question is wireless digital audio baby monitors, model numbers PIP10/11/12/15, which are designed to allow parents to listen to their baby’s room from another location within the house. Model number PIP10 includes a transmitter (Baby Unit) and a receiver (Parent Unit). The transmitter consists of a microphone, power button, LED indicator, and power jack while the receiver consists of volume buttons, a power jack, a speaker, an LED indicator and a power button. Model number PIP11 consists of the same transmitter and receiver, but the transmitter has an LED night light and a temperature sensor for a room temperature monitoring feature while the receiver has a display on the unit and a menu button. Model number PIP12 is similar to PIP10 but it can transmit in high-definition audio with enhanced range. Model number PIP15 consists of two transmitters with an LED night light, temperature sensor and one receiver with display along with enhanced range. All four models are only capable of transmitting sound or audio signals.
All models use Digital Enhanced Cordless Telecommunications (DECT) technology with encryption to protect the audio connection between the transmitter and receiver. The DECT devices offer secure connection between the units and help prevent other devices or units from interfering with the communication. Based on the information provided, the wireless baby units and the parent units can only be paired using each device’s unique identification code and voice signals being transmitted are encrypted for secure and private connection. In the cases where a night light and/or a temperature sensor is incorporated into the transmitter (PIP11 and PIP15), it is the opinion of this office that those functions are subsidiary to the transmission and reception functions. The baby and parent units work together to perform the principal function of transmitting encrypted voice signals in a closed network which is a function covered under Heading 8517, Harmonized Tariff Schedule of the United States (HTSUS).
The applicable subheading for the wireless digital baby monitors, model numbers PIP10/11/12/15, will be 8517.62.0090, HTSUS, which provides for “Telephone sets, including smartphones and other 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, including switching and routing apparatus: 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 8517.62.0090, 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 8517.62.0090, 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/.
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 Steven Pollichino at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division