CLA-2-90:OT:RR:NC:N1:105
Dr. Muhammad Usman Javed Multi Technology Health Care, Inc. Xiwan Street, Xizhi Taipei, Taiwan 221042
RE: The tariff classification of an infrared pet thermometer from China
Dear Dr. Javed:
In your letter dated September 11, 2023, you requested a tariff classification ruling. Descriptive literature was provided for our review.
The item under consideration is the PetMedics non-contact infrared thermometer for dogs (model number 2P1R0006). The device allows pet owners and veterinarians to monitor the temperature of dogs without direct contact, thereby enhancing the safety and comfort of the animals. The thermometer has a Liquid-Crystal Display (LCD) screen, power on and temperature reading button, temperature memory recall button, silent mode button, and an infrared sensor. The LCD screen will show a green light if the temperature is within normal range, a red light if the temperature is too low or extremely high, and a yellow light if the temperature is slightly elevated. The device also displays the temperature in both Celsius and Fahrenheit and is calibrated for a dog’s body temperature. The device has a memory to recall up to 35 previous temperature readings. The thermometer measures 162mm by 43mm by 43mm, weighs 88.2g, and is powered by 2 AAA batteries.
As you suggest in your letter, the applicable subheading for the PetMedics non-contact infrared thermometer for dogs (model number 2P1R0006) will be 9025.19.8010, 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: 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, including information on exclusions and their effective dates, 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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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