CBP Ruling N245116 — The tariff classification of a sonic birdhouse from China

Tariff classification

Headings: 8543

Product description

The merchandise under consideration is a battery-operated device referred to as the DOGTEK® sonic birdhouse. This device uses ultrasonic sound technology to deter unwanted dog barking. The birdhouse is automatically triggered when the three internal microphones sense a dog barking. A high-pitched ultrasonic sound, which can be heard only by a dog, is emitted from the birdhouse output speaker when the dog barks. The dog is expected to stop barking when it begins to associate its bark with this unpleasant sound. When the dog stops barking, the birdhouse ceases to emit the ultrasonic sound. The birdhouse can detect barking from as far as fifty feet away. It may stand freely on its own, be mounted on a tree, hung from a pole, or placed on a fence. The birdhouse should be positioned at a height of no more than six feet and it should be facing the dog.

CBP rationale

The applicable subheading for the DOGTEK® sonic birdhouse will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other.

Full text

N245116 August 26, 2013 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.9650 Ms. Jeannette Valdivia J Cortina Incorporated 603 E Jackson Street Tampa, FL 33602 RE: The tariff classification of a sonic birdhouse from China Dear Ms. Valdivia: In your letter dated August 13, 2013, on behalf of your client E.A. Distribution Incorporated, you requested a tariff classification ruling. The merchandise under consideration is a battery-operated device referred to as the DOGTEK® sonic birdhouse. This device uses ultrasonic sound technology to deter unwanted dog barking. The birdhouse is automatically triggered when the three internal microphones sense a dog barking. A high-pitched ultrasonic sound, which can be heard only by a dog, is emitted from the birdhouse output speaker when the dog barks. The dog is expected to stop barking when it begins to associate its bark with this unpleasant sound. When the dog stops barking, the birdhouse ceases to emit the ultrasonic sound. The birdhouse can detect barking from as far as fifty feet away. It may stand freely on its own, be mounted on a tree, hung from a pole, or placed on a fence. The birdhouse should be positioned at a height of no more than six feet and it should be facing the dog. The applicable subheading for the DOGTEK® sonic birdhouse will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other. The rate of duty will be 2.6 percent 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 Benjamin Peleg at (646) 733-3015. Sincerely, Myles B. Harmon Acting Director National Commodity Specialist Division

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