CLA-2-90:OT:RR:NC:N1:105
Ashleigh Fyman
Tradewin, LLC
1017 Northpointe Industrial Blvd
Hanahan, South Carolina 29410
RE: The tariff classification of the Aurora V2 from Taiwan
Dear Ms. Fyman:
In your eRuling request dated September 15, 2021, on behalf of your client, RetailNext, Inc., you requested a tariff classification ruling.
The subject merchandise is a composite machine referred to as the Aurora V2. The device contains a proximity image sensor, memory storage card, wireless and communication units, integrated WiFi and artificial intelligence (AI) camera. The advanced human activity recognition software and 3D analytics collect and measure shopper behavior and shopper-associate interactions, and analyzes key metrics such as visit duration, unique traffic, pass-by traffic, visit frequency, and new versus repeat visit rate. On board deep learning further analyzes behaviors to determine shopper product selection, considerations, and purchases.
The Aurora V2 performs all analytics onboard and then transmits data in real-time to the RetailNext cloud to provide analytics across multiple stores. Users may access live video stream remotely or view recorded data, as the Aurora V2 is capable of storing up to 30 days of recorded video. Analytics include traffic counting and conversion, shopper behavior classification, staff exclusion, proximity-based marketing, display and window effectiveness, shopper engagement, and store compliance and execution. The device is 6.73” L x 3.15” W x 1.65” H and weighs 400 grams (14.11 ounces).
This merchandise is considered to be a composite machine, which uses the camera to provide video, the onboard analytics to provide measurements and Bluetooth to transmit data. Since, a principal function cannot be determined for this composite machine, General Explanatory Note (VI) to Section XVI directs us to apply General Interpretative Rule 3 (c). General Interpretative Rule 3 (c) provides that goods shall be classified under the heading which occurs last in numerical order among those (heading 8517, transmit data, heading 8525, video, and heading 9031, providing measurements) which equally merit consideration. Based on the above, classification of this device will be under heading 9031, Harmonized Tariff Schedule of the United States (HTSUS).
In your request you suggest classification in subheading 8525.80, HTSUS, which provides for television cameras, digital still image video cameras, and video camera recorders. Although this merchandise contains a video camera, the sole primary function of this merchandise is not capturing and recording video images. Therefore, classification in subheading 8525.80, HTSUS, is not applicable.
The applicable subheading for the Aurora V2 will be 9031.49.9000, 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 optical instruments and appliances: Other: Other.” 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