CLA-2-84:OT:RR:NC:N1:120

Ms. Leslie Grillo
QVC
1200 Wilson Drive
West Chester PA 19382

RE: The tariff classification of a Digital Nutrition Scale, item K25948, from China

Dear Ms. Grillo:

In your letter dated November 11, 2009, you requested a tariff classification ruling.

The merchandise under consideration is a Digital Nutrition Scale identified as item K25948. The scale’s base measures approximately 12 inches in length by 5.5 inches in width. It features a 5.0 mm tempered glass weighing platform on the left side of its base, and a keypad with a digital LCD panel on the right side of its base. The keypad and LCD panel have a flip cover that opens to view an attached spiral food code booklet. The scale can accommodate up to 6 kilograms (kg)/13 pounds (lb)/6000 grams (g)/212 ounces (oz)/6000 milliliters (ml), and has an accuracy of +/- .001kg/.002lbs/1g/.03oz/1ml. The scale is powered by a 9v battery or with the included AC adaptor.

The Digital Nutrition Scale stores up to 999 different food codes, and is preprogrammed with nutritional information from the USDA National Nutrient Database. Each food code is also listed in the food index code booklet. The user can place a food item on the weight platform and enter the appropriate food code using the keypad. The scale will calculate the amount of calories, salt, fat, fibre, protein, carbohydrates and cholesterol for each code according to the weight of the food item.

The applicable subheading for the Digital Nutrition Scale, item K25948, will be 8423.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Weighing machinery (excluding balances of a sensitivity of 5cg or better)…: Personal weighing machines, including baby scales; household scales: Digital electronic type." The rate of duty will be Free.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

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 Denise Faingar at (646) 733-3010.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division