CLA-2-85:OT:RR:NC:N2:212

Patrick Stewart
Cooley LLP
1144 15th Street
Denver, CO 80202

RE: The tariff classification of a biometric scanning device from Germany

Dear Mr. Cooley:

In your letter dated November 23, 2021, you requested a tariff classification ruling on behalf of your client, Tools for Humanity, GMBH.

The merchandise under consideration is identified as the Orb biometric scanning device. The primary components of the subject item are an optics module and an electronics module. The device further incorporates a cooling module and a battery power supply. The aforementioned parts are enclosed within an outer plastic shell and mounted onto a plastic chassis base module. You state that the Orb is used to biometrically scan the face and iris of an individual to verify whether they are entitled to acquire certain forms of digital cryptocurrency.

In use, the optic module captures biometric images of the iris and/or face of the user. This information is then processed by the embedded electronics module to generate a unique code associated with that individual. This code is then sent via WiFI, Bluetooth, or LTE network to the company’s server for verification that the individual is allowed to gain access to the desired cryptocurrency.

In your request, you suggest that the Orb is accurately classified within subheading 8543.70.9960, Harmonized Tariff Schedul of the United States (HTSUS). We agree.

The applicable subheading for the Orb biometric scanning device will be 8543.70.9960, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6% ad valorem.

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 Luke LePage at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division