CLA-2-90:OT:RR:NC:N1:105
Ramsey Ammar
Anton P.C.
600 17th Street, Suite 2800 South
Denver, CO 80202
RE: The tariff classification of a data logger, reader station, temperature sensor and pressure sensor from Denmark
Dear Mr. Ammar:
In your letter dated February 27, 2020, on behalf of your client, Ellab, Inc., you requested a tariff classification ruling.
The first item under consideration is a wireless data logger (“Product Number 31191003”). The device is designed for the principle function of data recordation and storage. The device has multiple channels for recording data with a memory storage capacity of up to 120,000 data points. It is made of stainless steel, and the electronics are sealed in heat and moisture resistant material. The device is powered by user-replaceable batteries. The data logger can be used with various interchangeable sensors including sensors measuring temperature, pressure, humidity, carbon dioxide, vacuum and conductivity. The sensors are always packaged in separate retail packages even if imported within the same shipment. In operation, the user will plug in one or more different types of sensors. The sensors will provide data to the logger, which will then record and store the data.
The second item under consideration is identified as a TrackSense Pro Multi VALPRO (“Product Number 31188100”). This electronic device is described as a multi reader station. It is used to facilitate the transfer of information from a data logger into a connected computer. Data loggers are used to measure and record various types of environmental conditions such as temperature, humidity, carbon dioxide, etc. The TrackSense Pro Multi VALPRO acts a docking station (incorporates four docking ports) used to transfer the information from the data logger into a computer. At the time of importation, the TrackSense Pro Multi VALPRO comes retail packaged along with a USB cable, software on a thumb drive, a power supply, sealant, sensor removal tool, a logger holder, an information packet and a fitted carrying case. In use, the multi reader station would be connected to a computer using a USB cable. Data loggers would then be placed into one of the 4 ports/docking bays. The multi reader station retrieves the information from the data logger(s), converts it from analog to digital, and then transmits the data to a connected computer. The computer uses a product specific program to analyze the data. This device was addressed in ruling N308778 (dated January 22, 2020) when imported separately. CBP found the classification to be 8517.62.0090, Harmonized Tariff Schedule of the United States, (HTSUS).
The third item under consideration is identified as the TPR20010TS Sensor (“Product Number 35121010”), which is an interchangeable temperature sensor designed to work with part number 31191003. The temperature sensor may be shipped individually or with product number 31191003. When shipped together with product number 31191003 both items will be shipped in their own separately identifiable retail packaging and utilize their own product numbers.
The fourth item under consideration is identified as a TS PRO PRS 8 Bar (“Product Number 35127021”), which is an interchangeable pressure sensor designed to work with product number 31191003. The pressure sensor may be shipped individually or with product number 31191003. When shipped together with product number 31191003 both items will be shipped in their own separately identifiable retail packaging and utilize their own product numbers.
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI’s). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings and any relevant section or chapter notes. In the event the articles cannot be classified solely on the basis of GRI 1, GRI’s 2 through 6 may be applied in order, as appropriate. The Explanatory Notes to the HTSUS, while not legally binding, may also be consulted to aid in classification.
GRI 3(b) states in part that goods put up in sets for retail sale that cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component that gives them their essential character. The TrackSense Pro Multi VALPRO comprises a retail set of goods, and the multi reader station imparts the essential character to the set.
In determining the classification of the above items when imported together, we must consider whether the articles comprise a functional unit within the meaning of Chapter XVI, Note 4, which provides: “Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in chapter 84 or chapter 85, then the whole falls to be classified in the heading appropriate to that function. In addition, per Section XVI, Explanatory Note, Section Note 4, the expression “intended to contribute together to a clearly defined function” covers only machines and combinations of machines essential to the performance of the function specific to the functional unit as a whole, and thus excludes machines or appliances fulfilling auxiliary functions and which do not contribute to the function of the whole.
We find that the combination of products would not be a functional unit because they do not contribute to a clearly defined function. Depending on which product configurations are being entered, it would change the defined function. In addition, the products described above are routinely sold and entered by themselves under their own product number. The product numbers are not changed when the goods are imported within the same shipment. Further, the goods are still identifiable by their own retail packaging.
The applicable subheading for the wireless data logger (“Product Number 31191003”), whether imported with or without the additional sensors, will be 9031.80.8085, HTSUS, which provides for “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other.” The rate of duty will be free.
The applicable subheading for the TrackSense Pro Multi VALPRO (“Product Number 31188100”), whether imported with or without the wireless data logger (“Product Number 31191003”) as held in ruling N308778, will be 8517.62.0090, HTSUS, which provides for “Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The rate of duty will be free.
The applicable subheading for the TPR20010TS Sensor (“Product Number 35121010”), whether imported with or without the wireless data logger (“Product Number 31191003”), will be 9025.19.8080, 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.” The rate of duty will be free.
The applicable subheading for the TS PRO PRs 8 Bar (“Product Number 35127021”), whether imported with or without the wireless data logger (“Product Number 31191003”), will be 9026.20.4000, HTSUS, which provides for “Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028, or9032; parts and accessories thereof: For measuring or checking pressure: Electrical.” 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 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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division