CBP Ruling N087225 — The tariff classification of a down tilt kit from China

Tariff classification

Headings: 8479

Product description

The down tilt kit, item number 67450-152, model number 850 10013, is used to mount wireless communication antenna to towers and other structures. The device allows for the adjustment of the antenna’s verticality and/or to direct the signal below the horizon. The device cannot be remotely operated, only manually adjusted. The kit includes the main components, i.e., joints and levers, and sundry hardware (screws, nuts, washers, bushings, and ferrules). You indicate that the down tilt kit will be imported packaged ready for retail sale. There will be no repacking subsequent to importation. All the components, including a product label, package label and instruction sheet are enclosed in a sealed plastic bag. The device’s spring provides the tension which allows the teeth and grooves to mesh mechanically, i.e., move over one another, in order to adjust and position the antenna. Once tightened, the antenna will stay in the user’s desired position. The teeth/groove mechanism prevents any unwanted movement. Therefore, as the teeth/groove mechanism provides a mechanical advantage to the device, the device itself is considered a mechanical appliance. In your letter, you suggest classifying the down tilt kit in subheading 8517.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as local area network): Parts. The device in question is not an integral, constituent part of an antenna without which the antenna could not function. Rather, it is in the nature of an accessory. However, the language of subheading 8517.70.0000, HTSUS, does not encompass accessories, only parts. Thus, the down tilt device is precluded from classification in subheading 8517.70.0000, HTSUS.

CBP rationale

The applicable subheading for the down tilt kit, item number 67450-152, model number 850 10013 will be 8479.89.9899, HTSUS, which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; and parts thereof: Other machines and mechanical appliances: Other…Other…Other.

Full text

N087225 January 8, 2010 CLA-2-84:OT:RR:NC:1:104 CATEGORY: Classification TARIFF NO.: 8479.89.9899 Mr. Michael Stephen Erceg Kathrein, Inc., Scala Division P.O. Box 4580 555 Airport Road Medford, OR 97501 RE: The tariff classification of a down tilt kit from China Dear Mr. Erceg: In your letter dated December 8, 2009 you requested a tariff classification ruling. The down tilt kit, item number 67450-152, model number 850 10013, is used to mount wireless communication antenna to towers and other structures. The device allows for the adjustment of the antenna’s verticality and/or to direct the signal below the horizon. The device cannot be remotely operated, only manually adjusted. The kit includes the main components, i.e., joints and levers, and sundry hardware (screws, nuts, washers, bushings, and ferrules). You indicate that the down tilt kit will be imported packaged ready for retail sale. There will be no repacking subsequent to importation. All the components, including a product label, package label and instruction sheet are enclosed in a sealed plastic bag. The device’s spring provides the tension which allows the teeth and grooves to mesh mechanically, i.e., move over one another, in order to adjust and position the antenna. Once tightened, the antenna will stay in the user’s desired position. The teeth/groove mechanism prevents any unwanted movement. Therefore, as the teeth/groove mechanism provides a mechanical advantage to the device, the device itself is considered a mechanical appliance. In your letter, you suggest classifying the down tilt kit in subheading 8517.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as local area network): Parts. The device in question is not an integral, constituent part of an antenna without which the antenna could not function. Rather, it is in the nature of an accessory. However, the language of subheading 8517.70.0000, HTSUS, does not encompass accessories, only parts. Thus, the down tilt device is precluded from classification in subheading 8517.70.0000, HTSUS. The applicable subheading for the down tilt kit, item number 67450-152, model number 850 10013 will be 8479.89.9899, HTSUS, which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; and parts thereof: Other machines and mechanical appliances: Other…Other…Other. The rate of duty will be 2.5% ad valorem. 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 Patricia O’Donnell at (646) 733-3011. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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