H317791

HQ H317791 July 1, 2024 OT:RR:CTF:TCM H317791 DSR CATEGORY: Classification TARIFF NO.: 8518.30.20 Mr. Troy D. Crago Import Specialist Atico International USA, Inc. 501 South Andrews Avenue Fort Lauderdale, FL 33301 William Viriya Netramai Global Trade Compliance Beats Electronics LLC 1601 Cloverfield Blvd., Suite 5000N Santa Monica, CA 90404 Elisabeth Forrest Plantronics 345 Encinal Street Santa Cruz, CA 95060 Ms. Antoinette McKnight American Shipping Company, Incorporated 250 Moonachie Rd., 5th Floor Moonachie, NJ 07074 Mr. Eric S. C. Wang Dynasty Customs Broker, Inc. Dynasty U.S.A. Group 1409 San Mateo Avenue South San Francisco, CA 94080 Mr. Steve Bonar Global Customs Compliance Manager Plantronics Inc. 345 Encinal Street Santa Cruz, CA 95060 RE: Tariff classification of Bluetooth enabled wireless headphone sets from China, Mexico and an undisclosed country of origin; Revocation of NY N012174 (June 12, 2007), NY N012171 (June 12, 2007), NY N022197 (February 19, 2008), NY N022195 (February 20, 2008), NY N022204 (February 20, 2008), NY N170023 (July 8, 2011), NY N220756 (June 28, 2012), NY N240329 (April 22, 2013), and NY N269695 (October 30, 2015) Dear Mses. McKnight and Forrest, and Messrs. Banar, Wang, Netramai, and Crago, This letter is in reference to the tariff classification of retail sets containing certain wireless headphones. We have identified nine published rulings that need to be reconsidered so that we do not have in force rulings that may be inconsistent with our current views. Each of the rulings classified the subject merchandise in subheading 8517.62.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "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): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus." After reviewing the rulings, CBP has determined that the classifications of the subject articles are incorrect and CBP is therefore revoking them for the reasons set forth herein. Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. § 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed action was published on April 24, 2024, in Volume 58, Number 16, of the Customs Bulletin. One comment, addressed herein, was received in response to this notice. FACTS: The subject of NY N269695 is described as follows: The item concerned is referred to as the Blackwire C720. It is described as a versatile Unified Communications (UC) headset. This device is a telecommunication type headset with two speakers (one for each ear) and a microphone within a wraparound style mouthpiece. It also incorporates a Bluetooth transceiver and a USB port. The Bluetooth transceiver enables the Blackwire C720 headset to wirelessly connect to mobile phones and tablets while the USB port allows it to alternatively connect, via a USB cable, to a personal computer (PC). This headset uses smart sensor technology that automatically answers a call when the user puts on the headset. The inline controls with Bluetooth functionality are used to answer mobile calls and PC calls, control volume, and mute volume. Inline indicator lights and voice prompts alert the user to connection status, mute, and volume status. Lights on the ear pad let colleagues know when the user is on a call. The subjects of NY N220756 are described as follows: The merchandise subject to this ruling is five Bluetooth headsets. They are identified within your ruling letter as Model Numbers XP500, PX5, Delta, XP300, and XP400. Your letter states that the headsets are primarily designed for gaming purposes for utilization with such electronic games as the Sony PlayStation 3 and the Microsoft Xbox 360. Within your submission you also state that the headsets can also transmit radio frequency (RF) not only from a game console, but also to the game console enabling the user to speak with others within a local or wide area network. Additionally, these headsets can communicate with any other device capable of receiving RF signals using Bluetooth technology, such as phones, computers, and other consumer electronic devices. As such, although they are designed for gaming purposes, it is not solely or principally used with a gaming system. Samples of each of the five Bluetooth headsets were furnished for classification purposes and are being returned to you as per your request. Each of the headsets has a transceiver microchip which provides 2-way communication that allows the user to communicate with other online video game players. The headsets receive and transmit RF signals from and to a video game console. The headsets receive an RF signal and convert it to sound waves for a player to hear. When a player speaks, the sound waves are converted to RF signals and sent back to the video game console, enabling all players on the PlayStation network to hear the audio and to speak to one another. The headsets utilize Bluetooth, which is an open wireless protocol for exchanging data over short distances using radio waves, which enables the headsets to communicate wirelessly with other devices that they are “paired” up with, such as a cell phone and other Bluetooth devices. The XP500, PX5, and Delta headsets use wireless CD-quality game sound via digital 2.404-2.475 GHz RF that communicates with a transmitter that is included in each headset. The XP300 and XP400 use wireless CD-quality game sound via digital 5.160-5.280 GHz RF that communicates with a transmitter that is included with each headset. The subjects of NY N170023 are described as follows: … Model EX-01 is referred to as a Bluetooth headset. Model EX-02s is referred to as a next generation Bluetooth headset. Both models contain a transceiver microchip which provides two-way communication. They receive and transmit using a 2.4 GHz radio frequency (RF) signal from and to a video game console. The headsets receive an RF signal and convert it to sound waves for a player to hear. When a player speaks, the sound waves are converted to RF signals and sent back to the video game console, enabling all players on a PlayStation network to hear the audio and to speak to one another. Although your submission states that the Gioteck Bluetooth headsets are designed for home video game consoles, such as PS3, XBOX360, they are not exclusively for use with a gaming console. There is nothing about these products that prevent them from being used with other devices, such as a cellular telephone for 2-way communication, so long as the headsets are “paired” with the other devices. Model EX-01 is a Bluetooth headset. It is an over-the-ear earphone (speaker) combined in the same housing with a microphone and radio reception/transmission apparatus (transceiver microchip), enabling the headset to communicate wirelessly with other apparatus. It contains an ear hook, an LED feedback indicator, buttons for volume increase/decrease and power/mute, and a rechargeable Lithium-ion polymer battery. It is imported with two spare over-the-ear hooks and a USB cable to recharge the battery. The headset utilizes Bluetooth (an open wireless protocol for exchanging data over short distances using radio waves), which enables the headset to communicate wirelessly with other devices that it is “paired” up with. Model EX-02s is a next generation Bluetooth headset is an over-the-ear earphone (speaker) combined in the same housing with a microphone and radio reception/transmission apparatus (transceiver microchip), enabling the headset to communicate wirelessly with other apparatus. It contains an ear hook, an LED feedback indicator, buttons for volume increase/decrease and power/mute, and 

Classification under the HTSUS is determined 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. If the goods cannot be classified solely based on 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 HTSUS provisions under consideration in this ruling are as follows: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:* * *8518 Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with amicrophone, and sets consisting of a microphone and one or more loudspeakers; audio-frequency electric amplifiers; electric sound amplifier sets; parts thereof:In addition, in interpreting the HTSUS, the Explanatory Notes (“ENs”) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. Likewise, decisions in the Compendium of Classification Opinions should be treated in the same manner as the ENs. See T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989). The EN to heading 85.17 states, in pertinent part, the following:This heading covers apparatus for the transmission or reception of speech or other sounds, images or other data between two points by variation of an electric current or optical wave flowing in a wired network