H306942

U.S. Customs and Border Protection HQ H306942 December 4, 2020 CLA-2 OT:RR:CTF:EMAIN H306942 TPB CATEGORY: Classification TARIFF NO.: 8517.62.0090 Carl W. Mertz TP-Link USA Corp 145 South State College Blvd., Suite 400 Brea, CA 92821 RE: Revocation of New York (NY) ruling letter N300883; Classification of network devices; re-classification of range extenders Dear Mr. Mertz: In your letter dated October 1, 2018, you requested a ruling on the tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of certain network devices from China. The items concerned are referred to as Wi-Fi extenders (Models: RE200 AC750 Wi-Fi range extender, AC 1900 Wi-Fi Range Extender RE580D, AC2600 MU-MIMO Wi-Fi Range Extender, 300 Mbps Wi-Fi Range Extender TL-WA85ORE). In NY N300883, dated October 16, 2018, U.S. Customs and Border Protection (CBP) classi?ed the range extenders in subheading 8517.62.0020, HTSUSA, which provides for “Telephone sets…; other apparatus for the transmission or reception of voice, images or other data…: Other apparatus for transmission or reception…: Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Switching and routing apparatus.” We have now determined that the network devices subject to N300883 are classi?able in subheading 8517.62.0090, HTSUSA, by application of GRIs 1 and 6. Notice of the proposed action was published in the Customs Bulletin, Vol. 54, No. 42, on October 28, 2020. No comments were received in response to that notice. For the reasons set forth below, we hereby revoke NY N300883. FACTS: As described in the original ruling request, the items concerned are as Wi-Fi extenders (model #’s RE200 AC750 Wi-Fi range extender, AC 1900 Wi-Fi Range Extender RE580D, AC2600 MU-MIMO Wi-Fi Range Extender, and 300 Mbps Wi-Fi Range Extender TL-WA85ORE). The Wi-Fi extenders are plug-in devices that wirelessly connect to a customer's router or access point (AP) and expand the coverage area. These devices are either single band or dual band and operate on the 2.4GHz or 5GHz wireless spectrum. Devices may have Ethernet ports rated at fast or gigabit speeds for wired expansion. Devices that connect to the wireless network through them communicate with the router or AP and access the internet or internal network resources that would otherwise be unreachable from their locations. Range extenders do not assign IP addresses nor create routing tables. Likewise, they do not have the physical incoming and outgoing communications ports and links of a network switch and so cannot set up a transmission path through them. The Wi-Fi extenders wirelessly transmit requests to and from the router based on instructions provided in the message address. ISSUE: Whether the network devices at issue should be classified as switching and routing apparatus under the HTSUS. LAW AND ANALYSIS: Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRIs”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The subheadings under consideration are: 8517 Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): 8517.62.00 Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus… 8517.62.0020 Switching and routing apparatus 8517.62.0090 Other As indicated by you in a supplemental submission, range extenders are network expansion devices that wirelessly link to a main router or wireless AP for the sole purpose of extending the range of the router or AP's existing network to client devices that would otherwise be outside the wireless transmission range of the router or AP. To be classified as switching or routing apparatus, the devices must perform switching or routing themselves and not merely rely on an external switching or routing device. A routing device performs the traffic directing function. It is used to forward IP packets in a wide area network (WAN) to a destined client in a local area network (LAN) based on reading the network address information in the data packet, which determines the destination. Then using information in its routing table, or routing policy, it actively directs the packet to the next network on its journey. A routing table file is stored in random access memory (RAM) that contains network information. A network switch is a multiple-Ethernet-port device that physically connects individual network devices in a computer network, so they can communicate with one another. It is the key component in a business network, connecting multiple network devices such as: PCs, printers, servers and peripherals, and it associates each device’s address with one of the physical ports on the switch. Unlike a router or a switch, Wi-Fi range extenders have no intelligence and make no decisions as to where the data goes next. They do not contain a software or firmware routing table and cannot read the network address information in the data packet to determine the specific destination of the data packet. Based on the supplemental information provided and the notion that the range extenders do not act as a switch or a router within the realm of networking terminology, CBP is now of the view that these devices are properly classified under subheading 8517.62.0090, HTSUS, which provides for “Telephone sets…; other apparatus for the transmission or reception of voice, images or other data…: Other apparatus for transmission or reception…: Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The general rate of duty will be Free. HOLDING: For the reasons set forth above, the Wi-Fi Extenders (Models RE200 AC750 Wi-Fi range extender, AC 1900 Wi-Fi Range Extender RE580D, AC2600 MU-MIMO Wi-Fi Range Extender, 300 Mbps Wi-Fi Range Extender TL-WA85ORE) are classified in subheading 8517.62.0090, HTSUS, which provides for “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The column one, general rate of duty is free. Duty rates are provided for your convenience and subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided at www.usitc.gov. EFFECT ON OTHER RULINGS: NY N300883, dated October 16, 2018, is hereby REVOKED. In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after publication in the CUSTOMS BULLETIN. Sincerely, Craig T. Clark, Director Commercial and Trade Facilitation Division

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRIs”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The subheadings under consideration are:8517 Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof:Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network):8517.62.00 Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus… 8517.62.0020 Switching and routing apparatus8517.62.0090 OtherAs indicated by you in a supplemental submission, range extenders are network expansion devices that wirelessly link to a main router or wireless AP for the sole purpose of extending the range of the router or AP's existing network to client devices that would otherwise be outside the wireless transmission range of the router or AP.To be classified as switching or routing apparatus, the devices must perform switching or routing themselves and not merely rely on an external switching or routing device. A routing device performs the traffic directing function. It is used to forward IP packets in a wide area network (WAN) to a destined client in a local area network (LAN) based on rea