CLA-2-90:OT:RR:NC:N2:212
Richard Redpath Parhelion Incorporated 109 Blythewood Ct Cary, NC 27513 RE: The tariff classification of a tactical laser light from China Dear Mr. Redpath: In your letter dated March 15, 2025, you requested a tariff classification ruling. The merchandise under consideration is identified as the Stripelight Fire, Rescue, and Tactical (FRT) light. The subject light is described as a handheld laser light source with optional LED light used primarily by first responders in environments where smoke and fire are present. The unit consists of a motherboard and processor enclosed within a housing. At the top of the housing is the laser and LED light source. The device is powered by a rechargeable battery. When the user finds themselves in a smoke-filled environment, they initiate the device, which projects a laser grid. This grid creates a reference plane, which illuminates the smoke and allows the user to track smoke flow, density, and source. Additionally, the lasers will bounce off walls and other obstacles, including other individuals, in the immediate area, allowing the user to better navigate their environment. In addition to the lasers, the optional LED light can be used as an additional light source. In your request, you suggest that the correct classification for the Stripelight FRT light is subheading 8515.80.0080, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. The referenced subheading provides for “Electric (including electrically heated gas), laser or other light or photon beam, ultrasonic, electron beam, magnetic pulse or plasma arc soldering, brazing or welding machines and apparatus, whether or not capable of cutting; electric machines and apparatus for hot spraying of metals or cements; parts thereof: Other machines and apparatus: Other.” Based on the information provided, the Stripelight FRT is not a machine or apparatus designed for soldering, brazing, welding, or hot spraying of metal. Thus, classification in heading 8515, HTSUS, would be precluded as the item does not meet the terms of that heading.
The applicable subheading for the Stripelight FRT will be 9013.80.9100, HTSUS, which provides for “Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof: Other devices, appliances and instruments: Other.” The general rate of duty will be 4.5% ad valorem. Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition to subheading 9013.80.9100, HTSUS, listed above. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9013.80.9100, 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 9013.80.9100, 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 Section 301 trade remedy, 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 https://www.cbp.gov/trade/remedies/301-certain-products-china 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 Luke LePage at [email protected].
Sincerely,
Steven A. Mack Director National Commodity Specialist Division