CLA-2-90:OT:RR:NC:N1:105
9903.88.01; 9903.88.02
Farhad Arvin
Choovio Inc.
23191 La Cadena Dr., Suite 102
Laguna Hills, CA 92653
RE: The tariff classification of sensors from China
Dear Mr. Arvin:
In your letter dated April 22, 2025, you requested a tariff classification ruling. Descriptive literature was
provided for our review.
The items under consideration are a group of long-range wide-area network (LoRaWAN) based
environmental sensing devices designed for wireless transmission of environmental data to cloud platforms
or LoRaWAN gateways. The devices are used in smart buildings and industrial environments to monitor
environmental factors such as air quality, temperature, humidity, carbon dioxide concentration, and light
levels. Each product operates autonomously and is powered by battery or USB.
The first item under consideration is described as the Milesight AM102, which is an indoor air quality sensor
for relative humidity (RH) and temperature. The device uses a small e-ink screen to display the values to the
user and stores up to 1,280 historical records. The information is also relayed via a LoRaWAN network. The
humidity and temperature sensor uses digital CMOSens technology (micro-electro-mechanical system -
MEMS). The device measures 2.68 inches by 2.56 inches by 0.81 inches.
The second item under consideration is the Milesight AM308, which is an advanced air quality monitor for
total volatile organic compounds (TVOC), fine particulate matter down to 2.5 micrometers or less (PM2.5),
fine particulate matter down to 10 micrometers or less (PM10) carbon dioxide (CO2), relative humidity,
temperature, light, motion and barometric pressure. The device uses an integrated LED screen to show
current values in real-time. The device is also equipped with a traffic light indicator and buzzer to indicate
device status and threshold alarms. It can also store up to 18,000 historical records and supports
retransmission to prevent data loss. The motion sensor uses passive infrared (PIR), the light sensor utilizes a
photodiode, the carbon dioxide sensor uses nondispersive infrared (NDIR), the PM2.5 and PM10 utilize laser
scattering, the humidity and temperature sensors use digital CMOSens technology (MEMS), and the TVOC
sensor uses metal oxide (MOX) MEMS. The device measures 3.97 inches by 4.49 inches by 0.87 inches.
The third item under consideration is the Milesight WT101, which is described as a radiator thermostat to
help manage a heating-control system. With a pre-set date period and up to sixteen customized heating plans,
it enables the smart management of the heating systems. WT101 has a highly sensitive temperature sensor,
which can determine abnormal temperature differences and quickly open or close the associated valve to
regulate the temperature. The device utilizes the Milesight LoRaWAN gateway and Milesight IoT Cloud
solution, and has an intuitive and direction adjustment LED display to suit different installation
environments. It is compatible with the most common radiator valves with optional valve adapters for
universal use. The Milesight WT101 measures 2.05 inches by 3.54 inches and is made of stainless steel and
plastic.
The fourth item under consideration is the Milesight TS301, which is an advanced resistance temperature
sensor with a visualized LCD data display. It features extendable connecting lines and a diverse range of
detecting probes, including A-class, B-class, and A-class food-grade temperature probes. Moreover, it
provides the option of a magnetic contact switch sensor. The sensor is designed for measuring a wide range
of temperatures in harsh environments and transmitting data using LoRaWAN technology. The TS301 is
widely used for temperature monitoring in applications like food processing, cold chain storage of food or
medicine, etc. The device measures 4.31 inches by 2.95 inches by 1.14 inches and weighs 175 grams.
In your letter, you suggest the sensors to be classified in subheading 8517.62.00, Harmonized Tariff Schedule
of the United States (HTSUS). Heading 8517, HTSUS, provides in relevant part for: “…other apparatus for
the transmission or reception of voice, images or other data, including apparatus for communication in a
wired or wireless network (such as a local or wide area network)…”. The items concerned are environmental
sensors, used to detect or measure various environmental conditions. The data generated is the function of
these sensors. It is that function which is of interest to the user. How that data gets to the end use device (i.e.,
wired connection or wirelessly) is a support or secondary function. Without that sensor data there is no need
for the transmission function. Classification under heading 8517, HTSUS, is precluded because the devices
concerned are used primarily to execute a sensing/detecting/measurement function which would be beyond
the scope on heading 8517, HTSUS. Furthermore, merchandise classifiable in Chapter 90, is precluded from
classification in Section XVI and heading 8517, HTSUS. See Note 1(m) to Section XVI, HTSUS.
The applicable subheading for the Milesight AM102 will be 9025.80.1000, 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:
Other instruments: Electrical.” The general rate of duty will be 1.7 percent ad valorem.
The Milesight AM308 sensor module is considered a composite good in which no single element imparts the
essential character to the device. Consequently, the module would be classified in accordance with General
Rule of Interpretation GRI 3(c), which indicates that the goods would be classified under the heading which
occurs last in numerical order among those which equally merit consideration.
Heading 9027, HTSUS, which provides for, inter alia, instruments and apparatus for physical and chemical
analysis and measuring or checking quantities of heat, sound or light, is the heading that appears last among
those that equally merit consideration in respect to the Milesight AM308 sensor module at issue. The
module’s ability to measure light, carbon dioxide, TVOC, PM2.5, and PM10 are all covered by this heading.
The provisions of GRI 3(c) are applicable at the subheading level in accordance with GRI 6. As a result,
when a module contains multiple elements that are classified in the same heading, and essential character
cannot be determined, it would be classified under the subheading that appears last.
The applicable subheading for the Milesight AM308 will be 9027.50.4050, 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: Other instruments and apparatus using optical radiations (ultraviolet, visible, infrared): Other:
Electrical: Photometers.” The general rate of duty will be free.
The applicable subheading for the Milesight WT101 will be 9032.10.0060, HTSUS, which provides for
“Automatic regulating or controlling instruments and apparatus; parts and accessories thereof: Thermostats:
For air conditioning, refrigeration or heating systems: Other.” The general rate of duty will be 1.7 percent ad
valorem.
The applicable subheading for the Milesight TS301 will be 9025.19.8085, 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: Other: Other.” The
general rate of duty will be free.
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, 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., 9903.01.24, in addition
to subheadings 9025.19.8085, 9025.80.1000, 9027.50.4050, or 9032.10.0060, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries
will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheadings
9025.19.8085, 9025.80.1000, 9027.50.4050, or 9032.10.0060, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheadings 9027.50.4050 and 9032.10.0060, 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 9903.88.01 in addition to subheadings 9027.50.4050 or 9032.10.0060, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 9025.80.1000, HTSUS, unless specifically excluded, is subject to an additional 25 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading 9903.88.02 in
addition to subheading 9025.80.1000, 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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division