CLA-2-85:OT:RR:NC:N2:209
Gennady Spirin
Averia Electronics Inc
430 Park Ave, Floor 19 New York, NY 10022
RE: The tariff classification and marking of a Bluetooth tracking beacon from China
Dear Mr. Spirin:
In your letter dated January 24, 2025, you requested a tariff classification and marking ruling.
The item concerned is referred to as the Averia Beacon, model number AB01. This device is a Bluetooth transmitter designed for use both indoors and outdoors. The Averia Beacon is an accessory to the Averia Pet Collar (pet tracking/smart collar). It acts as a positioning device, allowing the Averia Collar to monitor a pet’s location/behavior. Customizable radius settings notify users of the dog’s proximity to these areas. The Beacon consists of a printed circuit board assembly (PCBA) which incorporates a Bluetooth radio module, a button battery, an internal antenna, a set of temperature sensors and magnets enclosed in a plastic housing. The magnets allow for easy attachment to metal surfaces. The device measures approximately 63.4mm x 63.4mm x 10.3mm with a total weight of 30 grams.
The Beacon is used in conjunction with the Averia Collar (pet collar), which is a tracking device worn by the pet. The collar is able to communicate with the user’s smartphone via a proprietary application. The Beacon is a stationary device that, in use, would be mounted/placed in a specific location such as near a food bowl, bed or other areas. When a pet comes within close proximity to a Beacon, their collar receives a Bluetooth transmission from the Beacon and sends the received data to the user’s smartphone. The user is then provided with comprehensive information, including the pet’s precise location, duration of stay at a given location, movement patterns, etc. You state that the Averia Beacon is solely capable of transmitting Bluetooth signals and does not have the capability to receive them.
In your request, you suggest that the correct classification for the Averia Beacon should be in subheading 8517.14, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. That subheading is reserved for “Other telephones for cellular networks or for other wireless networks.” The subject item is not a cellular phone or ‘other telephones for cellular networks’ described under this subheading, as such that subheading would be inapplicable.
The applicable subheading for the Averia Beacon will be 8517.69.0000, 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…: 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 8517.69.0000, 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, listed above.
Effective February 4, 2025, in accordance with the President’s Executive Order “Imposing Duties to Address the Synthetic Opioid Supply Chain in the People’s Republic of China,” all products of China and Hong Kong as provided by heading 9903.01.20 in Section XXII, Chapter 99, Subchapter III, U.S. Note 2(s), HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.20, in addition to subheading 8517.69.0000, HTSUS, listed above.
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/.
In your request, you also inquired about the item’s marking. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
You provided photographs of the Averia Beacon’s cardboard packaging, which indicates the phrase “Made in China” appearing on the side panel. The proposed marking of the Averia Beacon, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking.
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