The tariff classification of an infrared remote control from China.

N164683 May 25, 2011 CLA-2-98:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9817.00.96 Henry Gibbens, Jr. DEAFWORKS P.O. Box 1265 Provo, UT 84603 RE: The tariff classification of an infrared remote control from China. Dear Mr. Gibbens: In your letter dated May 2, 2011, you requested a tariff classification ruling. A sample was provided. The sample is a remote control, about 8 by 5 by .5 inch in size, with VP Remote by Deafworks imprinted on it. On March 29, 2011, we issued New York Ruling Letter N152536 – 112 to you regarding its classification in HTSUS Chapters 1-97. You have responded to our questions regarding your proposed secondary classification in HTSUS 9817.00.96. Due to the functions on the buttons on the remote, e.g., No Calls, Audio Privacy, Contrast, W Zoom, T Zoom, it is clear that the VP Remote is designed for use with a videophone. It is larger and has some different functions compared to the remote controls typically used with videophones for general video telephoning. You have supplied a copy of a Design Patent Application with a drawing of this item, which has been submitted by a law firm which specializes in intellectual property. From the information you have supplied, these items were specially designed for use with the video telephones used by the deaf, especially those fluent in sign language. Deafness which cannot be alleviated by sound amplification is almost always permanent, and this is even more likely for those who have learned signing. Therefore, we agree that a secondary classification will apply for this item in HTS 9817.00.96, as parts which were specially designed or adapted for use in articles which were specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped (except articles for the blind.) If you elect to claim the secondary classification in Chapter 98 of 9817.00.96 and meet the entry requirements, no merchandise processing fee will apply to those importations even if they are non-NAFTA, noting, e.g., Headquarters Ruling Letter 229110 IDL, 8-29-02. The requirement that you prepare and file a U.S. Department of Commerce form ITA-362P has been eliminated via a notice from the International Trade Administration, published in the Federal Register of June 1, 2010. Also note that this classification has no effect on any quota, visa, or restricted merchandise requirements. 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 J. Sheridan at (646) 733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division