CLA-2-90:OT:RR:NC:N1:405
Ms. Elaine Crosetti
Thermo Fisher Scientific
28 Schenck Parkway, Suite 400
Asheville, NC 28803
RE: The tariff classification of the core Smart-Vue 915 MHz wireless monitoring system from France
Dear Ms. Crosetti:
In your letter dated November 25, 2014, on behalf of Thermo Fisher Scientific (Asheville) LLC, you requested a tariff classification ruling. Submitted sample will be returned to your office.
Smart-Vue 915 MHz wireless monitoring systems are available in various configurations for use on controlled environment equipment such as laboratory refrigerators, freezers, incubators and ovens to safeguard the integrity of laboratory samples by continuously monitoring real-time critical parameters and securely logging data. The subject of this ruling is the core Smart-Vue product comprised of a 915 MHz wireless module with temperature sensor (SV204-100-LSB), a wireless receiver (SV104-501-LSB), software (SV603-500-LSB), and a repeater (SV100-500-LSB).
The core Smart-Vue 915 MHz wireless monitoring system operates with a 915 MHz wireless data logging module with a temperature sensor measuring -40°C to +80°C, a 915 MHz wireless receiver, and network-ready software installed on a computer or server. The wireless module, with an LCD display and 3.6V lithium battery, transmits the stored sensor data wirelessly to the 915MHz receiver which transmits to the computer via USB port running the client server software or installed on an Ethernet network. The computer software collects the data and stores it in a database where users can access it with a graphical interface.
When separately imported, you suggest classification for the module with temperature sensor (SV204-100-LSB) under subheading 9025.80.1000, Harmonized Tariff Schedule of the United States (HTSUS), the software (SV603-500-LSB) under subheading 8523.49.4000, HTSUS, the wireless receiver (SV104-501-LSB) under subheading 8517.62.0050, HTSUS, and the repeater (SV100-500-LSB) under subheading 8517.62.0050, HTSUS. This office agrees you’re your proposed classifications of each component of this wireless monitoring system when imported separately.
When imported together in one shipment, the components described above which comprise the core Smart-Vue 915 MHz wireless monitoring system are intended to contribute together to the clearly defined function of measurement and, thus, form one complete functional unit.
The wireless module with temperature sensor (SV204-100-LSB) is packaged for retail sale. The box contains the module with temperature sensor, a 3.6V lithium battery, a mounting holder, a magnet and hardware, a sensor mounting kit, a flat extension cable and a customer reference letter. Consideration was given to General Rule of Interpretation 3(b) [“GRI 3(b)”]. Explanatory Note X to GRI 3(b) provides that for the purpose of this rule, the term “goods put up in sets for retail sale” shall be taken to mean goods which: (a) consist of at least two different articles, which are, prima facie, classifiable in different headings, (b) consist of products or articles put up together to meet a specific activity; and (c) are put up in a manner suitable for sale directly to users without repackaging. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS. GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the good. The instant set consists of at least two different articles that are, prima facie, classifiable in different subheadings. The set consists of articles put up together to carry out a specific activity, i.e., measuring. Finally, the components are put up in a manner suitable for sale directly to users without repacking. Therefore, the kit in question is within the term "goods put up in sets for retail sale." GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character. In this office’s opinion, the module with temperature sensor provides the essential character to the set.
The applicable subheading for the core Smart-Vue 915 MHz wireless monitoring system, imported complete in a single shipment, and the wireless module with temperature sensor (SV204-100-LSB), when imported separately, will be 9025.80.1000, HTSUS, which provides for “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Other instruments: Electrical”. The rate of duty will be 1.7 percent ad valorem.
The applicable subheading for the software (SV603-500-LSB), when imported separately, will be 8523.49.4000, HTSUS, which provides for Discs, tapes, solid-state non-volatile storage devices, "smart cards" and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37: Optical media: Other: Other: For reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. The rate of duty will be Free.
The applicable subheading for the wireless receiver (SV104-501-LSB) and the repeater (SV100-500-LSB), when imported separately, will be 8517.62.0050, HTSUS, which provides for “Machines for the reception, conversion, and transmission or regeneration of voice, images or other data, including switching and routing apparatus: 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 Patricia O’Donnell at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division