CLA-2-84:OT:RR:NC:1:120

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue Fort Lauderdale, FL 33301

RE: The tariff classification of a digital kitchen scale from China.

Dear Mr. Crago:

In your letter dated May 19, 2009 you requested a tariff classification ruling.

The merchandise under consideration is described as an Electronic Kitchen Scale, item number A038IA01697. A sample of the scale was submitted with your ruling request and will be returned to you. The scale is made of plastic, measures approximately 8 inches long by 6 ¾ inches wide by 2 inches high and features a removable polystyrene weighing pan. It is powered by a 3 Volt CR2032 lithium cell battery, has a capacity of up to 5 kilograms/11 pounds, and is accurate to +/- 1 gram/.1 ounce. The front panel of the scale provides a digital LCD (liquid crystal diode) display, an on/off/zero tare push-button switch, and a “mode” push-button switch. The “mode” button permits the user to measure using one of three working modes, including weight, milk volume, and water volume. On the bottom panel of the scale is a unit conversion push-button switch which allows the user to choose between displaying the result in pounds or grams.

The applicable subheading for the Electronic Kitchen Scale, item number A038IA01697 will be 8423.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Weighing machinery (excluding balances of a sensitivity of 5cg or better)…: Personal weighing machines, including baby scales; household scales: Digital electronic type.” 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 Denise Faingar at (646) 733-3010.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division