The tariff classification of the “Raptor” Smart Glasses from an unspecified country of origin

N291290 November 3, 2017 CLA-2-85:OT:RR:NC:N2:209 CATEGORY: Classification TARIFF NO.: 8517.62.0050 Mr. Peter A. Quinter Gray Robinson - Attorney At Law 333 S.E. 2ND Avenue Suite 3200 Miami, Florida 33131 RE: The tariff classification of the “Raptor” Smart Glasses from an unspecified country of origin Dear Mr. Quinter: In your letter dated October 16, 2017, you requested a tariff classification ruling on behalf of your client Everysight Ltd. The item concerned is named the “Raptor”. The “Raptor” is a battery operated eye wear device referred to as Smart Glasses. The “Raptor” is a composite machine which incorporates a variety of electrical components. It is used primarily in the sport of cycling. When worn, the “Raptor” is used to display real-time physical parameters to the rider (e.g. speed, cadence, power, etc.). Data is gathered from wireless Bluetooth connected sensors mounted on the bicycle. The device also displays GPS navigation, using a route map download from a Bluetooth linked cellphone and statistics from a personal training program. The data is displayed directly on the lens of the glasses. This allows the user to see both the displayed data as well as see through the lens to the world beyond. In effect, the data is overlaid over the observed scenery, directly on the lens. The “Raptor” uses a tailored Android operating system. It incorporates a processor, graphic accelerator, video processor, memory module, and an OLED micro display, a speaker, 2 microphones, a voice processor, Bluetooth interface, Wi-Fi interface, ant+ interface, camera, audio play back, GPS, user touchpad interface and a variety of sensors. In order to connect the “Raptor” to a smartphone the user must install the “Raptor” application. The “Raptor” application monitors the smartphone’s built-in services and shares those services with the “Raptor”. Once the “Raptor” is paired with and connected to a smartphone, it may utilize services provided by the smartphone (e.g. Geo-location, messaging, hands-free conversations, notifications, alerts, etc.) In addition the “Raptor” utilizes the smartphone in conjunction with the “Raptor” phone application to send and receive data from the internet (e.g. downloads cycling route files, sharing videos and photos over social media, etc.). The “Raptor” enables the user to receive and perform phone conversations and receive various other cellphone notifications such as incoming email alerts and text messages. The “Raptor” does not incorporate a cellular modem. In order to connect to the internet it requires either a paired mobile phone or an available Wi-Fi hot spot. The user controls the “Raptor” using a graphical menu interface, through touchpad gestures, head orientation and voice commands. The “Raptor” Smart Glasses are comprised of several component articles that are prima facie classifiable under various subheadings within chapters 84, 85 and 90. Based on the information supplied the “Raptor” would be considered a composite machine as is provided for in Section XVI, Note 3 (Section XVI covers chapters 84 and 85). Chapter 90, Note 3, provides: “The provisions of Notes 3 and 4 to Section XVI apply to this chapter.” Section XVI, Note 3, provides: “Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.” Based on the information supplied it is the opinion of this office that the principal function of these “Raptor” Smart Glasses is imparted by the transmission/reception module(s) which enable the user to wirelessly connect, communicate and share data with a paired smart device, sensor or internet. The applicable subheading for the “Raptor” Smart Glasses will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephone sets…; other apparatus for the transmission or reception of voice, images or other data...: Other apparatus for transmission or reception of voice, images or other data…: Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The general rate of duty will be Free. 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 Steven Pollichino at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division