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NY H87700




March 4, 2002

CLA-2-85:RR:NC:1:108 H87700

CATEGORY: CLASSIFICATION

TARIFF NO.: 8542.60.0075, 8525.20.3080

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 1004

RE: The tariff classification of Bluetooth electronic components.

Dear Ms. Cumins:

In your letter dated February 8, 2002, on behalf of your client, Ericsson Inc., you requested a tariff classification ruling.

The items in question are electronic components of Bluetooth Technology. They are denoted as The PBA 313 01/2 component and the ROK 101 007 component. These components are designed to be used in Bluetooth End-User products. The original intent for these devices was to address the problem of using a cellular telephone while driving a car. Although originally intended to enable wireless, hands-free connectivity to a cell phone, the end-use of Bluetooth technology can expand to hands-free short distance wireless communication with other devices such as computers, printers, and PDAs. within an architecture that will allow for their wireless operation.

The PBA 313 01 /2 component is a short range microwave radio transceiver for Bluetooth communication links that are designed to operate in the globally available frequency band of 2.4-2.5 GHz. It is in the form of a microcircuit that was built up on a ceramic (insulating) substrate. The PBA 313 01 /2 consists of capacitors and inductors, which are passive elements. These passive elements were produced during a screen printing process through utilization of thick film technology. This microcircuit also contains a radio chip, which is an active element. The radio chip was obtained by semiconductor technology and was mounted on to the ceramic substrate.

Note 5 (b) (ii) of chapter 85 provides the definition of a hybrid integrated circuit, which states:

Hybrid integrated circuits in which passive elements (resistors, capacitors, interconnections, etc.) obtained by thin or thick film technology and active elements (diodes, transistors, monolithic integrated circuits, etc.) obtained by semiconductor technology, are combined to all intents and purposes indivisibly, on a single insulating substrate (glass, ceramic, etc.). These circuits may also include discrete components.

Based upon the product information provided by Ericsson, The PBA 313 01 /2 component meets the definition of a hybrid integrated circuit as cited in Chapter 85, Note 5 (b) (ii). It should be noted that this note does specify “ For the classification of the articles defined in this note, headings 8541 and 8542 shall take precedence over any other heading in the tariff schedule which might cover them by reference to, in particular, their function. Therefore, the PBA 313 01 /2 is classifiable within heading 8542.

The ROK 101 007 Bluetooth module is a short-range radio module for implementing Bluetooth functionality into various electronic devices. It is a printed circuit board composed of three major parts, flash memory, a baseband controller, and a radio. It is designed to support both wireless voice and data transmission with reception capability. A high-speed USB interface carries out communication between it and the host controller using uart for data only and pcm for voice. The device operates in the globally available 2.4-2.5 GHz free ISM band. Only one additional component is required and that is an antenna, which should be connected through a 50-ohm interface.

Based upon the supplied information the ROK 101 007 Bluetooth module does conform to the definition of a Transceiver as denoted in Additional U.S. Note 3 to Chapter 85. It is a device which combines radio transmitting and receiving equipment in a common housing, employing common circuit components for both transmitting and receiving, and which are not capable of simultaneously receiving and transmitting.

The applicable subheading for the PBA 313 01 /2 will be 8542.60.0075, Harmonized Tariff Schedule of the United States (HTS), which provides for Hybrid integrated circuits With an operating frequency not less than 30 MHz. The rate of duty will be free.

The applicable subheading for the ROK 101 007 will be 8525.20.3080, Harmonized Tariff Schedule of the United States (HTS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras or other camera recorders; digital cameras: Transmission apparatus incorporating reception apparatus: Transceivers: Other: For frequencies exceeding 400 MHz. The rate of duty will be free.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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