CLA-2-85:OT:RR:NC:N2:209
Andy Burke
MVolta Inc.
5729 110 ST NW
Edmonton, AB T6H 3E4
Canada
RE: The tariff classification of a moisture monitoring device from China
Dear Mr. Burke:
In your letter dated September 2, 2021, you requested a tariff classification ruling.
The item under consideration is a moisture monitoring device identified as Quench-Rg and Quench-Lg. The two models are identical in function with the only difference being the length of their moisture probes. Each is designed to monitor the moisture level of potted plants. The device consist of a top portion with a microcontroller, two LR44 batteries, a speaker, and an LED light, which are all encased in a plastic cover. The bottom portion of the device is a probe with two brass contacts that gets inserted into the soil to detect moisture. When the moisture level of the soil is low, the device will activate an audible alert during the day and a visual alert at night so that the potted plant can be watered.
The applicable subheading for the moisture monitoring devices will be 8531.80.9051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: 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