CLA-2-90:OT:RR:NC:N1:105
Tanissa Lorona
Mach 1 Global
1530 W Broadway Road
Tempe, AZ 85182
RE: The tariff classification of weather stations and a weather station display from China
Dear Ms. Lorona:
In your letter dated October 29, 2019, on behalf of your client Ambient LLC, you requested a tariff classification ruling.
The merchandise under consideration are weather stations and components being imported under four separate configurations. The first item concerned is an outside weather sensor array and transmitter. The device contains a wind vane to measure wind direction, a wind speed sensor to measure wind speed, a UV sensor to measure solar radiation, a light sensor to measure light, a thermometer and hygrometer sensor to measure temperature and humidity, and a rain collector to measure rain level. The device is said to contain a transmitter to report data via the Ambient Weather Network, but is not configured with a receiver. The first unit does not come with a means to display the information.
The second item concerned is a weather sensor array that measures all of the same aspects as the first item but adds a barometer to measure barometric pressures. The device includes a wireless display containing a Wi-Fi transmitter, which allows for the information to be displayed. The calculations are performed by the display unit while the outside sensors perform the measurements and wirelessly pass the information to the display unit.
The third item concerned is the same weather sensor array as in the second item but includes a transmitter with wireless receiver that uploads data to the internet via ethernet connection in lieu of the display. This configuration will measure, display, calculate and report meteorological parameters to the internet. The calculations are performed by the server while the outside sensors measure and wirelessly send the information. The receiver wirelessly receives the information and sends the data to an online server using an ethernet connection.
The fourth item concerned is a wireless weather sensor receiver, which also acts as a display and Wi-Fi transmitter. The device receives the wind speed and temperature measurements and calculates wind chill. In addition, the device receives temperature and humidity measurements to calculate dew point and heat index, and wirelessly transmits this data to the internet for remote viewing. The device does not contain a touch screen. The buttons located across the bottom of the display allow the user to enter Wi-Fi information, turn on/off the back light, and scroll through historical data. The display is 6.25” x 3.5”. The device uses the outside weather sensor array in item number one (not included) but does not have the ability to control any aspects of the array.
In your request you suggest the wireless weather sensor receiver (item number four) is correctly classified in subheading 8517.62.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: Other apparatus for transmission or reception of voice images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” We disagree. The item concerned is a customized processing unit and wireless display/transceiver unit. This user interface receives data, performs weather related calculations, and then transmits the data to the internet via Wi-Fi for remote viewing. The device takes wind speed and temperature to calculate wind chill as well as temperature and humidity to calculate dew point and heat index. The function of calculating weather parameters is a processing function that would take this device beyond the intended scope of heading 8517, HTSUS. Its wireless ability is a secondary function used to support the processing (weather calculation) functions. As such heading 8517, HTSUS, would be inapplicable.
The applicable subheading for the first, second and third weather station configurations, will be 9015.80.8080, HTSUS, which provides for “Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders; parts and accessories thereof: Other instruments and appliances: Other: Other: Other.” The rate of duty will be free.
The applicable subheading for the fourth item, wireless weather sensor receiver, will be 8543.70.9960, HTSUS, which provides for “electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The rate of duty will be 2.6% ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9015.80.8080, 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 9015.80.8080, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9960, 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., 9903.88.02, in addition to subheading 8543.70.9960, 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, 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