CLA-2-90:OT:RR:NC:N1:105
Laurence Hart Fridababy LLC 82 NE 26th Street, Unit 101 Miami, FL 33137
RE: The tariff classification of an infrared thermometer from China
Dear Mr. Hart:
In your letter dated October 29, 2024, you requested a tariff classification ruling. Descriptive literature was provided for our review.
The item under consideration is described as the 3-in-1 Ear, Forehead and Touchless Infrared (IR) Thermometer, which is an infrared thermometer that provides the temperate reading to the user via an integrated backlit LED screen. In operation, the user will place the thermometer in front of the ear or forehead and then press the activity button. Within one second, the reading will be delivered to the user on the integrated LED screen. High-temperature readings are determined not only by the actual reading but also a color-coded screen (red, “high,” orange, “slightly high,” green, “normal”), and sound alert. The IR thermometer can be used to take the temperature of both children and adults. The device’s memory stores up to forty previous temperature readings. The thermometer is battery-operated and includes a storage pouch.
As you suggest in your letter, the applicable subheading for the 3-in-1 Ear, Forehead and Touchless Infrared Thermometer will be 9025.19.8010, 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: Clinical: Infrared thermometers of a kind described in statistical note 2 of this chapter.” The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9025.19.8010, 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, i.e., 9903.88.02, in addition to subheading 9025.19.8010, 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, 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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division