Background

In the Nov. 9, 2022, Customs Bulletin and Decisions, U.S. Customs and Border Protection is proposing to reclassify wireless stereo headphone sets featuring Bluetooth technology as headphones under HTSUS 8518.30.20 (duty-free) rather than as wired/wireless communication apparatus under HTSUS 8517.62.0050 (duty-free). If this change is finalized this product would no longer be subject to existing Section 301 tariffs on imports from China.

CBP states that because these headphones integrate components that together perform complementary functions they are composite machines, which are classified according to their principal function. CBP then finds that in this case the principal function is to convert an incoming signal into sound; i.e., to function as headphones. CBP adds that the wireless functionality and controls provided by the Bluetooth connection do not give rise to a product with the principal function of transmitting and/or receiving data.

Rulings NY N022195, N022204, and N240329 would be revoked to reflect the proposed reclassification. Comments on this proposal are due no later than Dec. 9.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email.

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