CLA-2-90:OT:RR:NC:N1:105
Sabrina Suszek TE Connectivity Corporation 2800 Fulling Mill Road Middletown, PA 17057
RE: The tariff classification of non-contact analog temperature thermopile sensors from China.
Dear Ms. Suszek:
In your letter dated February 22, 2023, you requested a tariff classification ruling. Descriptive literature was provided for our review.
The items under consideration are described as non-contact thermopile sensors.
The first sensor is described as an analog infrared thermopile sensor with negative temperature coefficient (NTC) sensing element under part number G-TPCO-033 (model number TS305-11C55). The sensor has a chip having an array of micro-thermocouple elements, a reference ambient temperature sensor, and an infrared filter window, all contained in a hermetically sealed metal enclosure. The sensor provides a voltage output that is proportional to the thermal infrared energy entering the sensor through the filter window. The thermopile is able to measure a wide range of surface temperatures without making physical contact to the object of interest. The analog infrared thermopile is for precise non-contact temperature sensing at measurement ranges from -40 to 300°C. The analog thermopile is mainly used for contactless temperature measurement in applications including non-contact measurements, medical thermometry, industrial production lines and remote surfaces.
The second sensor is described as an analog thermopile sensor with resistance temperature detector (RTD) sensing element under part number G-TPCO-031 (model number TS318-1B0814). The RTD thermopile sensor G-TPCO-031 is similar in composition to the analog NTC thermopile sensor G-TPCO-033. The major difference is the sensing element type- NTC (less extreme temperature differences) vs. RTD (can provide temperatures in a wider range). The sensor consists of a chip having an array of micro-thermocouple elements, a reference ambient temperature sensor, and an infrared filter window, all contained in a hermetically sealed metal enclosure. The sensor provides a voltage output that is proportional to the thermal infrared energy entering the sensor through the filter window. The thermopile is a temperature sensor able to measure a wide range of surface temperatures without making physical contact to the object of interest. The analog infrared thermopile is for precise noncontact temperature sensing and are available in measurement ranges from -40 to 300°C.
The third sensor is described as a digital temperature thermopile sensor under part number 10213286-00 (model number TSD305-1SL10). The digital thermopile sensor 10213286-00 includes an infrared sensor (thermopile) and a sensor signal conditioner. The true speech decoder (TSD) sensor can be interfaced to any microcontroller by a I2C interface. The microcontroller calculates the temperature results based on the apparent diffusion coefficient (ADC) values and the calibration parameters. The digital thermopile is for precise non-contact temperature sensing and is available in measurement ranges from 0 to 300°C. The digital thermopile is mainly used for contactless temperature measurement, including climate control, industrial process control and household applications.
In your letter, you suggest the applicable subheading for the thermopile sensors under model numbers G-TPCO-033, G-TPCO-031, and 10213286-00 to be 9025.19.8085, Harmonized Tariff Schedule of the United States (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: Other: Other.” We disagree. All three sensors feature infrared technology, which is specifically provided for under a different subheading.
Accordingly, the applicable subheading for the thermopile sensors under model numbers G-TPCO-033, G-TPCO-031, and 10213286-00 will be 9025.19.8060, 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: Other: Infrared thermometers.” 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 9025.19.8060, 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 9025.19.8060, HTSUS, listed above.
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 at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division