CLA-2-90:OT:RR:NC:N1:105
Scott Berger
Innotech Security
1500 W. Copans Road, #A11
Pompano Beach, Florida 33064
RE: The tariff classification of the TD-E2128-TM 2MP HD Face Recognition Terminal from China
Dear Mr. Berger:
In your letter dated June 16, 2020, you requested a tariff classification ruling.
The item under consideration is the TD-E2128-TM 2MP HD Face Recognition Terminal (“TD-E2128-TM”). Based on the product description sheet you provided with your submission, the TD-E2128-TM is a composite machine that has several features including temperature reading, facial recognition, mask detection, an eight inch LCD display and audible alarms.
The TD-E2128-TM determines the temperature of the user by utilizing a built-in infrared sensor. The sensor acts similarly to an infrared thermometer providing a temperature reading on the LCD display. The sensor only detects the heat of the user and does not provide a visual thermal image. The TD-E2128-TM also has facial recognition and mask detection utilizing proprietary software and a two megapixel dual lens camera. The user will place their face in front of the facial recognition camera, which identifies the user and displays their information on the LCD display. The camera, utilizing the software, is also able to determine if the user is wearing a mask. If the body temperature exceeds the standard, or if a mask is not detected, a voice alarm will sound.
General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), states in part that for legal purposes, classification shall be determined according to the terms of the headings, any relative section or chapter notes and, unless otherwise required, according to the remaining GRI’s taken in order. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3. GRI 3(a) states that the heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings refers to only part of the machine then those headings are to be regarded as equally specific in relation to the function of the machine. As per Note 3 to Section XVI, composite machines consisting of two or more machines fitted together or machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component which performs the principal function. In this instance, principal function cannot be determined. According to General Explanatory Note (VI) to Section XVI, titled “Multi-Function Machines and Composite Machines”, when it is not possible to determine the principal function of the machine as provided for in Note 3 to Section XVI, and when the context does not otherwise require, it is necessary to apply GRI 3(c). Thus, the TD-E2128-TM 2MP HD Face Recognition Terminal is classifiable in the subheading, which occurs last in numerical order among those which equally merit consideration. In this instance, the temperature reading component falls within heading 9025.
The applicable subheading for the TD-E2128-TM 2MP HD Face Recognition Terminal will be 9025.19.8010, 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: Thermometers and pyrometers, not combined with other instruments: Other: Other: Clinical: Infrared thermometers of a kind described in statistical note 2 of this chapter.” 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 9025.19.8010, 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 9025.19.8010, 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