CLA-2-84:OT:RR:NC:N1:105
Christopher Chupp
Design Manufacture Distribution, LLC d/b/a Greater Goods, LLC
4427 Chouteau Avenue
St. Louis, MO 63110
RE: The tariff classification of a bathroom scale from China
Dear Mr. Chupp:
In your letter dated March 14, 2025, you requested a tariff classification ruling. Descriptive literature was
provided for our review.
The item under consideration is described as the Omada LTE-M Scale, which is a digital bathroom scale with
cellular connectivity, enabling automatic and seamless transmission of user weight data directly to Omada
Health’s Diabetes Management Program. The device is also designed to provide the weight measurements
directly to the user on a small LCD screen. The scale measures 310 mm x 310 mm x 30 mm and weighs 1.57
kg. The scale is made of plastic, glass, and electronic components and is powered by four AA batteries.
As suggested in your letter, the applicable subheading for the Omada LTE-M Scale will be 8423.10.0010,
Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Weighing machinery
(excluding balances of a sensitivity of 5 cg or better), including weight-operated counting or checking
machines; weighing machine weights of all kinds; parts of weighing machinery: Personal weighing
machines, including baby scales; household scales: Digital electronic type.” The general rate of duty will be
free.
Effective March 4, 2025, in accordance with the President’s Executive Order 14195, “Imposing Duties to
Address the Synthetic Opioid Supply Chain in the People’s Republic of China,” as amended by the
President’s Executive Order 14200, “Amendment to Duties Addressing the Synthetic Opioid Supply Chain in
the People’s Republic of China,” and further amended by President’s March 3, 2025 Executive Order,
“Further Amendment to Duties Addressing the Synthetic Opioid Supply Chain in the People’s Republic of
China,” all products of China and Hong Kong as provided by heading 9903.01.20 in Section XXII, Chapter
99, Subchapter III, U.S. Note 2(s), HTSUS, other than products classifiable under headings 9903.01.21,
9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At
the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.20, in addition to
subheading 8423.10.0010, HTSUS, listed above.
In your letter, you also requested consideration of a secondary classification for the subject Omada LTE-M
Scale under 9817.00.96, HTSUS, which applies to articles and parts of articles specifically designed or
adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Chapter
98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term blind or other physically or mentally
handicapped persons as including “any person suffering from a permanent or chronic physical or mental
impairment which substantially limits one or more major life activities, such as caring for oneself, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.” We note that in
Headquarters (HQ) ruling 56120, dated October 14, 1998, Customs and Border Protection held that people
with diabetes suffer from a permanent or physical impairment within the meaning of U.S. Note 4(a) to
Chapter 98 of the HTSUS.
Additionally, as discussed in HQ ruling 964169, dated June 26, 2001, “people with diabetes are limited in
their ability to perform a broad range of jobs because they must be able to monitor their blood sugar, inject
insulin if prescribed, and have work restrictions due to excessive urination, possible nausea, dizziness and
fainting. This interferes with working, a major life activity. Therefore, persons with diabetes suffer from a
permanent or chronic physical impairment which substantially limits a major life activity and therefore, are
considered physically handicapped persons under U.S. Note 4(a).”
The issue is whether the Omada LTE-M Scale is “specially designed or adapted” for the use or benefit of
handicapped persons, which is required by the superior text in subheading 9817.00.96, HTSUS. The meaning
of the phrase “specially designed or adapted” has been decided on a case-by-case basis. In HQ ruling 556449,
dated May 5, 1992, Customs set forth factors it would consider in making this case-by-case determination.
These factors include: 1) the physical properties of the article itself, i.e., whether the article is easily
distinguishable, by properties of the design, form, and the corresponding use specific to this unique design,
from articles useful to non-handicapped persons; 2) whether any characteristics are present that create a
substantial probability of use by the chronically handicapped so that the article is easily distinguishable from
articles useful to the general public and any use thereof by the general public is so improbable that it would
be fugitive; 3) whether articles are imported by manufacturers or distributors recognized or proven to be
involved in this class or kind of articles for the handicapped; 4) whether the articles are sold in specialty
stores which serve handicapped individuals; and 5) whether the condition of the articles at the time of
importation indicates that these articles are for the handicapped.
While the Omada LTE-M Scale has received several accreditations, we do not find that the scale is any
different than other smart scales that also have an LTE connection. We do recognize that the Omada LTE-M
Scale is not marketed or sold through traditional retail channels; instead, it is provided to participants enrolled
in Omada Health’s accredited diabetes management program. However, this does not change the fact that
there are many substantially similar scales on the market that are not specifically designated for use with
people with diabetes. The connection via LTE can be used not only for this particular diabetic program, but
also for any other program that can upload the weight numbers from the scale. The scale does not have any
other identifying features that would make it solely usable for people with diabetes. You also argue that the
scales cellular connectivity is integral to its function within this specialized medical environment, ensuring
real-time health data transmission directly to certified coaches. Again, this fact does not limit the use of the
scale to solely diabetic patients. The scale can be used in a host of different applications that require the
recording of the user’s weight, including personal tracking.
Accordingly, in our view, the Omada LTE-M Scale does not satisfy the description set forth in Chapter 98,
Subchapter XVII, U.S. Note 4(a). Therefore, the secondary classification under subheading 9817.00.96,
HTSUS, would not apply to the Omada LTE-M Scale.
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