CLA-2-90:OT:RR:NC:N1:105
Jiun Lang Wong
Aam Care, Inc.
228 Park Avenue South
New York, New York 10003
RE: The tariff classification of the Aavia Pill Case from China
Dear Mr. Wong:
In your letter dated April 20, 2022, you requested a tariff classification ruling on the Aavia Pill Case from China.
The item under consideration is described as the Aavia Pill Case, which is a battery operated and portable electronic device used to help a user remember to take their birth control pill. The device incorporates a rechargeable lithium battery, a central processing unit (CPU), random access memory (64 KB or 24 KB RAM), accelerometer, vibration motor, capacitive touch sensor, a radio transceiver (Bluetooth 4.0) and other electronic components encased in a plastic housing. The device measures 4.8” x 3.5” x 0.7” and weighs 4.3 ounces. The Aavia pill case’s radio transceiver utilizes an open wireless technology standard, which enables the pill case to wirelessly communicate with an internet connected mobile device.
A user interacts with the Aavia Pill case by holding it and sliding a blister pill pack containing aluminum foil into or out of the pill case. With the Aavia companion app installed on the user’s mobile phone, the user can set multiple reminders, including reminders of when to take the pill. When it is time to take a pill, persistent reminders will be issued from the mobile device until the pill case records a new pill taking event. The pill case can detect whether it is picked up by the user using an accelerometer sensor. It also detects whether the user slides a blister pill pack into it using a capacitive touch sensor. The accelerometer and capacitive sensor data is filtered and processed with an algorithm inside the CPU of the pill case and the pill taking time is stored into RAM. The Aavia pill case also receives instructions from the companion app through its radio transceiver to perform tasks such as vibrating or shining LEDs. This enables the user to recalibrate the pill case, test functionality and find the location of the case.
You have proposed classification of the Aavia pill case, within heading 8517, HTSUS. Heading 8517, HTSUS, provides for merchandise that has the specific function of transmitting and receiving data. The Aavia pill case is a battery operated portable electronic device. As described above, it incorporates a battery, a central processing unit, random access memory, accelerometer, vibration motor, capacitive touch sensor, a radio transceiver, and other electronic components. The electronics in the pill case are used to monitor movement and in turn translate that into possible pill consumption data. Therefore, the capabilities of the Aavia pill case are beyond the scope of heading 8517, HTSUS. Consequently, classification within heading 8517, HTSUS would be inapplicable.
Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRI’s). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings and any relevant section or chapter notes. In the event the articles cannot be classified solely on the basis of GRI 1, GRI’s 2 through 6 may be applied in order, as appropriate. The Explanatory Notes to the HTSUS, while not legally binding, may also be consulted to aid in classification. The Aavia Pill Case is considered to be a composite good within the meaning of GRI 3. Goods classifiable under GRI 3(b) shall be classified as if they consisted of a material or component which gives them their essential character. The Explanatory Note to GRI 3(b)(VIII), states that the factors which determine essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. GRI 3(c) states that when the essential character of a composite good cannot be determined, classification is based on the heading that occurs last in numerical order among those which equally merit consideration. Inasmuch as no one component imparts the essential character to the subject composite item, GRI 3(b) does not apply. It is the opinion of this office that the tracking/monitoring of movement in heading 9031, HTSUS, merits equal consideration to the wireless data transfer abilities in 8517, HTSUS. Therefore, classification will be determined based on the competing heading that occurs last in numerical order. GRI 3(c) noted.
Accordingly, the applicable subheading for the Aavia Pill Case will be 9031.80.8085, HTSUS, which provides for “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other.” The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9031.80.8085, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 9031.80.8085, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division