United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2007 NY Rulings > NY N012863 - NY N012976 > NY N012863

Previous Ruling Next Ruling
NY N012863




July 5, 2007

CLA-2-85:RR:E:NC:N1:109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.12.0050

Mr. Brian DuJardin
Post Entry Manager
Russell A. Farrow (U.S.) Inc.
27221 Northline Road
Taylor, MI 48180-4400

RE: The tariff classification of Blackberry wireless handheld devices from an unspecified country

Dear Mr. DuJardin:

In your letter dated June 14, 2007 you requested a tariff classification ruling.

The merchandise subject to this ruling is three models of Blackberry wireless handheld devices. The descriptive literature submitted identifies them as models BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™8300 smartphone.

The BlackBerry® Pearl™ 8100 smartphone is a wireless handheld device. This item consists of a cellular telephone and a digital camera. It has multimedia capabilities and an expandable memory. This smartphone features a media player, BlackBerry® maps, a web browser, wireless email, text messaging (SMS and MMS), instant messaging, corporate data access, an organizer, and a wireless calendar. Data input and navigation is accomplished via its SureType® QWERTY-style keyboard with Sure Type software.

The BlackBerry® 8800 smartphone is a wireless handheld device. This item consists of a cellular telephone and a digital camera. This smartphone features a media player, BlackBerry® maps, a web browser, wireless email, text messaging (SMS and MMS), instant messaging, corporate data access, and an organizer. Data input and navigation is accomplished via its QWERTY-style keyboard.

The BlackBerry® Curve™8300 smartphone is a wireless handheld device. This item consists of a cellular telephone and a digital camera. This smartphone features a media player, BlackBerry® maps, a web browser, wireless email, text messaging (SMS and MMS), instant messaging, corporate data access, and an organizer. Data input and navigation is accomplished via its QWERTY-style keyboard.

It is the opinion of this office that the camera and GPS functions are subordinate to the other functions of the BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™ 8300 smartphone, as was the determination within HQ Ruling W968223 for similar type merchandise. The BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™ 8300 smartphone are composite machines with two components that merit equal consideration. They are an ADP machine of heading 8471 and transmission apparatus of heading 8517.

In determining the classification of the BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™ 8300 smartphone, we are guided by Note 3 to Section XVI of the Harmonized Tariff Schedule of the United States (HTSUS), which indicates that composite machines should be classified as if consisting only of that component which performs the principal function. However, this office has not been able to establish a principal function for this composite machine, nor have you demonstrated that it has a principal function. Therefore, we refer to General Rule of Interpretation (GRI) 3 regarding composite goods to determine the classification of the BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™ 8300 smartphone.

GRI 3(a) states:

The heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.

As such, headings 8471 and 8517 are to be regarded as equally specific and given equal consideration since the BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™ 8300 smartphone are composite goods.

GRI 3(b) states:

Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

However, there is no one material or component that gives the BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™ 8300 smartphone its essential character.

GRI 3 (c) states:

When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

Therefore, since heading 8517 occurs last in numerical order among those headings that equally merit consideration, specifically 8471 and 8517, the classification of the BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™ 8300 smartphone will fall within heading 8517.

In your letter, you suggested that the correct classification of the BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™ 8300 smartphone should be 8525.60.2000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Transmission apparatus for radio-broadcasting or televisionTransmission apparatus incorporating reception apparatus: Other.” However, a subscription to a mobile phone service provider is necessary for the BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™ 8300 smartphone to function as intended, as was the case with similar merchandise ruled upon in HQ Ruling W968223. In that headquarters’ ruling the proposed 2007 tariff classification for importations of that merchandise was within subheading 8517.12.00, which provides for “Telephones for cellular networks” As such, the BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™ 8300 smartphone will be classified under subheading 8517.12.00.

The applicable subheading for the BlackBerry® Pearl™ 8100 smartphone, BlackBerry® 8800 smartphone, and BlackBerry® Curve™8300 smartphone will be 8517.12.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephones for cellular networks or for other wireless networks: Other radio telephones designed for the Public Cellular Radiotelecommunication Service”. 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: