CLA-2-85:OT:RR:NC:N2:209
Beth A. Anderson
B.A. Quality Systems Consulting, LLC
46492 381st Ave.
Saint Peter, MN 56082
RE: The tariff classification of a monitoring device from China
Dear Ms. Anderson:
In your letter dated November 24, 2020, you requested a tariff classification ruling on behalf of your client, NextGen RF Design.
The items concerned are referred to as the EnviroAlert® EA-200-12V, EnviroAlert® EA-400-12V, EnviroAlert® EA-200-24V, EnviroAlert® EA-400-24V. These are monitoring devices that provide visual and audible notifications which relate to various factors such as temperature, humidity level, and water presence. The devices are used primarily for monitoring temperature controlled rooms that store perishable items which require certain levels of temperature, humidity, and water detection. The LCD display is used to visually provide the necessary information and the users can operate the devices using the panel keys.
The EnviroAlert® EA-200-12V and The EnviroAlert® EA-200-24V are capable of montitoring ambient temperature within two zones using its on-board ambient temperature sensor. It can also connect to one external sensor for temperature, humidity or water presence monitoring. When a monitored environmental condition exceeds the programmed range, an alarm is activated which provides both a visual and audible notification. The devices can be integrated with a security system which will allow for a real-time notification of an incident and immediate corrective action.
The EnviroAlert® EA-400-12V and The EnviroAlert® EA-400-24V are capable of monitoring up to 4 different zones for temperature, humidity and water detection. The devices do not have on-board sensors but they can be connected with up to 4 external sensors for temperature, humidity, or water presence. When an environmental condition deviates from the predetermined threshold, the devices activate visual and audible notifications. The devices can be integrated with a security system which will allow for a real-time notification of an incident and immediate corrective action.
The applicable subheading for the EnviroAlert® EA-200-12V, EnviroAlert® EA-400-12V, EnviroAlert® EA-200-24V, EnviroAlert® EA-400-24V will be 8531.80.9051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus...: Other apparatus: Other: Other”. The rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8531.80.9051, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8531.80.9051, 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 Steven Pollichino at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division