CLA-2-85:OT:RR:NC:N2:208
Kelly Danks
ICAT Logistics Inc
6805 Douglas Legum Dr. Elkridge, MD 21075
RE: The tariff classification of video inspection scopes from China
Dear Ms. Danks:
In your letter dated March 20, 2024, you requested a tariff classification ruling on behalf of Inspectron Inc.
The merchandise under consideration is video inspection scopes, models BK3000-55A and BK3100, which are used to inspect hard-to-reach interior structures. The BK3000-55A can capture and record 30 still images onto the internal memory. The BK3000-55A does not have the ability to record video and cannot transfer images. Based on the information provided, the BK3100 can capture and record still images and video. Moreover, images can also be manually transferred from the BK3100 to a PC via a USBC connector for viewing or for file transfer. Both inspection scopes are designed to be used in automotive, industrial, and workshops.
In your request, you suggest that model BK3000-55A is classified in subheading 8525.89.4000, Harmonized Tariff Schedule of the United States (HTSUS), which in pertinent part, provides for digital still image video cameras. However, model BK3000-55A cannot capture and record both still and video images. Therefore, classification in this subheading is not applicable.
The applicable subheading for model BK3000-55A will be 8525.89.5000, HTSUS, which provides for Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Other: Other: Other. The rate of duty will be Free.
The applicable subheading for model BK3100 that can capture and record still and moving images will be 8525.89.4000, HTSUS, which provides for Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Other: Digital still image video cameras. The rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8525.89.5000, 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, 9903.88.03, in addition to subheadings 8525.89.5000, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8525.89.4000, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8525.89.4000, 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 at https://hts.usitc.gov/.
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 Lisa Cariello at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division