CLA-2-90:OT:RR:NC:N1:105
Giuseppe Gavioli Radoff Inc. 48 Wall Street, Suite 1100 New York, NY 10005
RE: The tariff classification of air quality monitors from Italy
Dear Mr. Gavioli:
In your letter dated May 16, 2024, you requested a tariff classification ruling.
The first item under consideration is the Radoff Now air quality monitor, which is an indoor device used to measure atmospheric air temperature, humidity, pressure, fine particles, carbon dioxide, and volatile organic compounds, using an electric power source. The key measuring technologies are optical sensors with laser detection, non-dispersive infrared sensors, and metal oxide gas sensors. Measured data is wirelessly sent to a smartphone where the readings are displayed. The device measures 125mm by 125mm by 65mm and weighs 400g. It is made of ABS plastic and has anti-vibration rubber feet.
The second item under consideration is the Radoff Sense air quality monitor, which is an indoor device used to measure atmospheric air temperature, humidity, pressure, fine particles, carbon dioxide, volatile organic compounds, and radon gas, using an electric power source. Key measuring technologies are optical sensors with laser detection, non-dispersive infrared sensors, metal oxide gas sensors, and an active measuring chamber for radon. Measured data is wirelessly sent to a smartphone where the readings are displayed. The device measures 125mm by 125mm by 147mm and weighs 400g. It is made of ABS plastic and has anti-vibration rubber feet. As per Note 3 to Chapter 90 and Note 3 to Section XVI, unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function. It is our opinion that the principal function of the Radoff Now and Radoff Sense is to provide gas analysis information to the user.
The applicable subheading for the Radoff Now and Radoff Sense air quality monitors will be 9027.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes; parts and accessories thereof: Gas or smoke analysis apparatus: Electrical.” The general 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 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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division