The tariff classification of an image projector from China

 N277341 August 11, 2016 CLA-2-90:OT:RR:NC:N1:405 CATEGORY: Classification TARIFF NO.: 9008.50.4000 David Prata OHL International 1 CVS Drive Woonsocket, RI 02895 | RE: The tariff classification of an image projector from China Dear Mr. Prata: In your letter dated July 11, 2016, you requested a tariff classification ruling, on behalf of CVS Pharmacy. A representative sample was submitted with your request and will be returned to you under separate cover. The product to be imported, referred to as Item Number 172047, is the Merry Brite Holiday Laser Light. Designed for indoor/outdoor use, this projector utilizes laser diodes and plastic grating films to produce and project colored images of stars. It features a weather resistant housing, 2 color laser modes (green/red & green), the choice of animated or steady patterns and an auto-timer. As advertised, this product “decorates your home with thousands of starry lights” and has a projection coverage of over 3,000 square feet. You question as to whether the subject product is classifiable in either heading 9013, Harmonized Tariff Schedule of the United States (HTSUS), as a laser or in heading 9405, HTSUS, as a lamp. With regard to heading 9013, the laser light projector does not meet the definition of a laser and is therefore precluded from classification in this heading. Also, since this projector does not have a spot light or a direct light that provides useable sufficient light to the surrounding area, we find that it cannot be classified in heading 9405, HTSUS. The applicable subheading for the image projector will be 9008.50.4000, HTSUS, which provides for Image projectors, other than cinematographic; photographic (other than cinematographic) enlargers and reducers; parts and accessories thereof: Other Image Projectors. The rate of duty will be 4.6 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 https://hts.usitc.gov/current. 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 April Cutuli at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division