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NY J80152




January 24, 2003

CLA-2-85:RR:NC:1:108 J80152

CATEGORY: CLASSIFICATION

TARIFF NO.: 8525.20.9080

Mr. Thomas W. Phalen
Plantronics
345 Encinal Street
P.O. Box 635
Santa Cruz, California 95060

RE: The tariff classification of a Bluetooth Headset system from Mexico.

Dear Mr. Phalen:

In your letter dated December 31, 2002 you requested a tariff classification ruling.

The item in question is denoted as the Plantronics M1500 Bluetooth Headset System.

It is composed of the M1000 bluetooth headset and the A500 telephone adapter. The bluetooth enabled headset fits over the user’s ear and the telephone adapter is plugged into a non-bluetooth cellular telephone. The adapter enables the non-bluetooth cellular telephone to transmit wirelessly its received signal directly to the bluetooth headset. The entire product enables the headset user to communicate over a cellular phone using radio frequency and eliminating wires from the headset to the cellular phone. This can be accomplished within a range of 30 feet and for a duration of 2 1/2 hours. The system is packaged as a set for retail sale.

Explanatory Note X to GRI 3b provides for the purpose of this rule, the term “goods put up in sets for retail sale” shall be taken to mean goods which:

A. Consist of at least two different articles which are, prima facie, classifiable in different headings.

B. Consist of products put up together to meet a particular need or carry out a specific activity; and

C. Are put up in a manner suitable for sale to users without repackaging (e.g. in boxes or cases or on boards).

All the aforementioned articles are prima facie classifiable in different headings. The wired adapter under 8517 and the Bluetooth wireless headset under 8525. Together each enables the user to communicate via a cellular telephone in a wireless mode. Based upon furnished information the products will be blister packaged for retail prior to exportation to the United States and will not be repackaged after importation. Therefore it is the opinion of this office that the bluetooth headset system constitutes a set in accordance with Explanatory Note X.

In accordance, in part with GRI 3b goods put up in sets for retail sale, which cannot be classified by reference to GRI 3a, shall be classified as if they consisted of the material or component which gives them their essential character.

EN VIII to GRI 3b states that the factor, which determines essential character, will vary as between different kinds of goods. It may for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of the constituent material in relation to the goods.

It is the opinion of this office that neither item imparts an essential character. The Bluetooth headset enables the user to communicate without wires connecting the headset to the cellular phone and the adapter makes the users’ current cellular phone bluetooth enabled. Together they are necessary to accomplish the task of communicating hands free via a cellular within a range of 30 feet without a wire transmission. Therefore classification will be in accordance with GRI 3c, Harmonized Tariff Schedule of the United States (HTS), which requires, in part, that the item be classified in the heading which occurs last in numerical order among those which merit equal consideration.

The applicable subheading for the Plantroincs M1500 Bluetooth Headset System will be 8525.20.9080, 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 and other video camera recorders; digital cameras: Transmission apparatus incorporating reception apparatus: Other Other. 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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