The tariff classification of desktop switches from China

N301144 November 5, 2018 CLA-2-85:OT:RR:NC:N2:209 CATEGORY: Classification TARIFF NO.: 8517.62.0020 Carl W. Mertz TP-Link USA Corp 145 South State College Blvd Suite 400 Brea, CA 92821 RE: The tariff classification of desktop switches from China Dear Mr. Mertz: In your letter dated October 15, 2018, you requested a tariff classification ruling. The first two items concerned are referred to as a 5-Port 10/100Mbps Desktop Switch (item # TL-SF1005D), and an 8-Port 10/100Mbps Desktop Switch (item # TL-SF1008D). Both switches provide an easy way to expand a wired network. All RJ45 ports support “Auto MDI/MDIX”, which eliminates the need to worry about cable type. Each model features full duplex mode, allowing the switches to process data at a rate of up to 200Mbps. The third and fourth items concerned are referred to as a 5-port Gigabit Desktop Switch (item # TL-SG1005D) and an 8-port Gigabit Desktop Switch (item # TL-SG1008D). Both switches provide a way to expand a wired network and upgrade it to 1000Mbps. All ports support auto MDI/MDIX, which eliminates the need to worry about cable type. In use these switches would connect to a router. Then multiple end use products, such as personal computers would be connected to these switches. The switches allow multiple devices to share network connectivity by sharing access to the router. The applicable subheading for the 5-Port 10/100Mbps Desktop Switch (item # TL-SF1005D), the 8- Port 10/100Mbps Desktop Switch (item # TL-SF1008D), the 5-port Gigabit Desktop Switch (item # TL-SG1005D), and the 8-port Gigabit Desktop Switch (item # TL-SG1008D) will be will be 8517.62.0020, 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…: Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Switching and routing apparatus.” The general rate of duty will be Free. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 8517.62.00, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.04, in addition to subheading 8517.62.0020, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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 the 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