The tariff classification of a touch screen digitizer from China

N306806 October 29, 2019 CLA-2-85:OT:RR:NC:N2:212 CATEGORY: Classification TARIFF NO.: 8543.70.9500; 9903.88.01 David Wallace Instrument Sales and Service 17880 NE Airport Way Portland, OR 97230 RE: The tariff classification of a touch screen digitizer from China Dear Mr. Wallace: In your letter dated October 17, 2019, you requested a tariff classification ruling. The merchandise at issue is described as a touch screen digitizer for use with an automobile radio. The screen is comprised of a capacitive glass overlay, a plastic bezel, and a flexible printed circuit cable connector. The touch screen is placed over the car radio, secured in place by mounting screws, and attached to the system via the flexible cable connector. You state that the screen does not have the ability to display data or images. In use, the touch screen device is placed over the screen in a car radio. The device contains a set of capacitive sensors arranged in rows and columns that, when touched by the user, register the presence of the fingertip and convert the location to an X and Y coordinate. This location is then sent through the connector to the radio, which interprets the touch and location. In your request, you suggest the correct subheading for the touch screen digitizer is 8528.59.2500, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. Based on the information provided, the touch screens cannot accept, process, or display a video signal. As these are the requirements for classification of goods under subheading 8528.59, HTSUS, the subject touch screen digitizers are precluded from classification in the requested subheading. The applicable subheading for the touch screen digitizer will be 8543.70.9500, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Touch-sensitive data input devices (so-called ‘touch screens’) without display capabilities…”. The general rate of duty will be free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9500, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8543.70.9500, HTSUS, listed above.  The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 Luke LePage at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division