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NY R03690

April 14, 2006

CLA-2-85: RR: NC: 1:108 R03690


TARIFF NO.: 8525.20.9080

Ms. Garcia E. Plascencia
Oakley, Inc.
1 Icon
Foothill Ranch, CA 92610

RE: The tariff classification of a Bluetooth headset/sunglasses from Singapore.

Dear Ms. Plascencia:

In your letter dated April 7, 2006 you requested a tariff classification ruling.

The item in question is a composite article combining a Bluetooth wireless headset with a wearable pair of sunglasses. The product designation is O ROKR. The Bluetooth wireless headset is incorporated with a pair of wearable sunglasses. The headset enables the wearer to access Bluetooth enabled cellular telephones and MP3 music players in a completely wireless mode. The control buttons on the headset enable the user to access and make cellular telephone calls and to access, control and listen to stored MP3 player music files. This process, while wearing the sunglasses, can be accomplished within a range of up to 33 feet.

GRI 2b states that if a product is a mixture or combination of materials or substance that are, prima facie, classifiable in two or more headings, then GRI 3 applies. This office is of the opinion that this device is a composite good because it is composed of both a wireless Bluetooth headset and wearable sunglasses. Therefore it will be classified in accordance with GRI 3.

GRI 3 provides that mixtures, composite goods consisting of different materials or made up of different components, shall be classified as if they consisted of the material or component, which gives them their essential character.

EN VIII to GRI 3b states that the factors will vary as between different kinds of goods to determine essential character. “It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of the constituent material in relation to the use of the goods”.

Based upon the configuration, use and function of this item it is the opinion of this office that the Bluetooth wireless head set provides the essential character. It is the dominant component by use and the reason one would purchase the item.

The applicable subheading for the Bluetooth headset/sunglasses will be 8525.20.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Transmission apparatus for radiotelephony, radiotelegraphy, radiobroadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras; still image video cameras and other video cameras; digital cameras: Transmission apparatus incorporating reception apparatus: Other Other. 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 Michael Contino at 646-733-3014.


Robert B. Swierupski

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