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NY R02969




January 10, 2006

CLA-2-85:RR:NC:N1:112 R02969

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.81.0000

Michelle R. Davis
Senior Analyst, Import Compliance
Tyco Fire & Security
6600 Congress Avenue
Mailstop B-39
Boca Raton, FL 33487-1213

RE: The tariff classification of security tags and labels from the Dominican Republic and China

Dear Ms. Davis,

In your letter dated December 13, 2005, you requested a tariff classification ruling on behalf of Sensormatic Electronics Corporation.

The first item concerned is the Ultra Lock tag (ZLULOCK-1). It is a hard plastic, rectangular item measuring approximately 2“ in length and 1“ in width.

The second item concerned is the Super Tag Mini (ZLSTMIN). It is a hard plastic, oblong item measuring approximately 2“ in length and 1 ¼” in width.

The third item concerned is the Ultra*Gator EL tag (ZLGFEL-B). It is a hard plastic, rectangular item measuring approximately ¾” in length and 1” in width.

The fourth item concerned is the Ultra Lite CA tag (ZLULT-L). It is a hard plastic, cylindrical item measuring approximately 1 ½’ in length and ½” in width.

The fifth item concerned is the Ultra Strip III label. It is a small, rectangular piece of hard plastic.

The purpose of each of these items is to act as a security device. When the tags or labels are semi-permanently attached to articles, they will trigger an alarm in specifically-located security systems if the tags or labels come within a predetermined proximity of the security systems. The labels, however, may be deactivated so as not to trigger an alarm.

Classification of goods in the Harmonized Tariff Schedule of the United States (HTS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states, “ ... classification shall be determined according to the terms of the headings ... “. Heading 8543 provides for “Electrical ... apparatus, having individual functions, not specified or included elsewhere ... “.

General Note 3. (h) (vi) to the HTS states, “ ... a reference to “headings” encompasses subheadings indented thereunder.”.

The applicable subheading for the Ultra Lock tag (ZLULOCK-1), Super Tag Mini (ZLSTMIN), Ultra*Gator EL tag (ZLGFEL-B), Ultra Lite CA tag (ZLULT-L) and the Ultra Strip III label will be 8543.81.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical ... apparatus, having individual functions, not specified or included elsewhere ... : Other ... apparatus: Proximity ... tags”. The 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 http://www.usitc.gov/tata/hts/.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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