CLA-2-90:OT:RR:NC:N1:405
Jimmy Ting
Great World Customs Service
518 Eccles Avenue
South San Francisco, CA 94080
RE: The tariff classification of the BlueSmart Mia from Taiwan
Dear Mr. Ting:
In your letter dated November 22, on behalf of BlueSmart Technology Corporation, you requested a tariff classification ruling. A sample was provided.
The product at issue is identified as the BlueSmart Mia, described as a smart baby bottle liquid measuring device. The product consists of a flexible silicone plastic sleeve combined with an electronic device at its base. The sleeve is designed to fit standard baby bottles. The electronic base incorporates four sensors, a volume sensor to measure the volume of liquid in a baby bottle using sound waves, a “color sensor” to determine whether the bottle is filled with milk or water (presumably based on the opacity of the liquid), a temperature sensor to measure the temperature of the liquid in a baby bottle, and a motion sensor to determine when the bottle is in use, as well as the angle of feeding. The electronic device also contains a WiFi transmitter and receiver to connect to a local WiFi network. The BlueSmart Mia is packaged and sold with a wireless charger and a USB cable.
Based on the information provided, the BlueSmart Mia is designed to be used to track and record a baby’s feeding activity. A user fits the BlueSmart Mia around a standard baby bottle when they are ready to feed a baby. Tapping the rim of the baby bottle will indicate that a feeding is about to commence. The BlueSmart Mia’s motion sensor will detect the tap, and the volume sensor will take a reading of how much liquid is in the bottle. The color sensor will determine whether the liquid contained in the bottle is milk or water, and the temperature sensor will measure the temperature of the bottle’s contents. The motion sensor will keep track of when the bottle is in use during the feeding, as well as the angle at which the bottle is held during the feeding process. When the user finishes feeding the baby, a tap to the rim of the bottle will signal the feeding is complete, and the volume sensor will take another measurement of how much liquid is left in the bottle. The information collected by the BlueSmart Mia is then transmitted to a smartphone app via the WiFi transmitter, where it can be collected, organized, and displayed.
You suggest classifying the BlueSmart Mia in subheading 9026.10.2080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for instruments and apparatus for measuring or checking the flow or level of liquids. While the BlueSmart Mia is capable of checking the level of liquid in a bottle at a given time, it is also capable of measuring and reporting other variables as well. As mentioned above, the BlueSmart Mia has the ability to identify the contents of the bottle, determine the temperature of said contents, and measure the movement and angle of the bottle to determine when it is in use (presumably by means of an inbuilt accelerometer or similar instrument). It does not appear that any one of the aforementioned functions impart the essential character to the BlueSmart Mia device by themselves. Consequently, the device’s ability to measure the motion of the bottle, at a minimum, equally merits consideration in providing the product’s essential character in accordance with General Rule of Interpretation 3(c).
The applicable subheading for the BlueSmart Mia 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 rate of duty will be 1.2% ad valorem.
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 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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division