CLA-2-90:OT:RR:NC:N1:105
Maria Lohnes
DoubleDay Acquisitions, LLC dba CSafe
675 Gateway Blvd.
Monroe, OH 45050
RE: The tariff classification of data loggers from China
Dear Ms. Lohnes:
In your letter dated May 9, 2025, you requested a tariff classification ruling. Descriptive literature was
provided for our review.
The first item under consideration is described as the TracSafePRO (Part #260170), which is a single-use
data logger designed to capture temperature and light. The device is read by plugging in the USB connector
on the side of the unit to a computer. The device also has an LCD screen to display the results, a power
button, an LED indicator, and a light sensor. To start the device, the user will hold the power button for five
seconds, which will start recording the data. Once the user is done using the device, they would connect it to
the USB port on a computer. The results include the current temperature, number of recorded points,
maximum temperature, minimum temperature, system date, and system time. Additionally, if the item is
opened, the light sensor will provide an asterisk to notify that light was detected. The data logger is ideal for
monitoring and recording temperature during storage and transportation for pharmaceuticals and other
products. It can be used widely in all areas of warehousing, logistics, and cold chains. The device measures
97mm by 53mm by 8mm, weighs 32 grams, and is powered by a button cell battery.
The second item under consideration is described as the TracSafeMAX (Part #260171), which is a reusable,
Bluetooth-enabled data logger that connects directly to a smart device. Additionally, the user can plug the
device into the USB port of a computer to download the recorded data. The device allows users to verify
payload and ambient temperature (-30°C to +70°C), humidity (0% RH to 100% RH), light (dependent on
pack out configuration), and shock events (0g to 16g). The device has a USB cap, light sensor, LCD screen,
start button, stop button, and internal sensor. To start the device, the user will press the start button for three
seconds. The unit will then start recording the data. Once the user is done using the device, they would hit the
stop button and connect it to the USB port on a computer or obtain the information on their smart device
using the app. Once the information has been downloaded, the user can reset the device to be used again. The
device measures 96.3mm by 47.5mm by 19mm, weighs 68 grams, and is powered by a lithium replaceable
battery.
The third item under consideration is described as the TracSafeMAX – Probe (Part #260172), which is a
reusable, Bluetooth-enabled data logger that connects directly to a smart device. Additionally, the user can
plug the device into the USB port of a computer to download the recorded data. This device is nearly
identical to the second item but also includes an additional temperature sensor probe. The device allows users
to verify ambient temperature using the internal device (-30°C to +70°C), external temperature using the
probe routed into the package or crate (-200°C to +150°C), humidity (0% RH to 100% RH), light (dependent
on pack out configuration), and shock events (0g to 16g). The device has a USB cap, light sensor, LCD
screen, start button, stop button, internal sensor, and external probe. To start the device, the user will press
the start button for three seconds. The unit will then start recording the data. Once the user is done using the
device, they would hit the stop button and connect it to the USB port on a computer or obtain the information
on their smart device using the app. Once the information has been downloaded, the user can reset the device
to be used again. The device measures 103.3mm by 47.5mm by 19mm, weighs 68 grams, and is powered by
a lithium replaceable battery.
The fourth item under consideration is described as the TracSafe NFC Label (Part #160-0002), which is a
compact, near field communication (NFC)-enabled smart tag with built-in environmental sensor. When a user
scans the label with an NFC-capable mobile device, data is transferred wirelessly to the TracSafe app. The
user would click the start button on their app and input all of the parameters needed. Once the user hits the
start button again on their app, the tag will be turned on. The user also has the ability to start numerous tags at
once using the same parameters. Once the cargo has been shipped, the user can scan the tag and view the
temperature data, battery level, alarms and other information. They can also click the route icon on the app to
obtain the location information. Once the user has obtained all of the information, they would hit the end
button and then tap the device to stop working. The device measures 135mm by 100mm by 1mm, weighs 5
grams, and uses a non-Li paper battery.
In your letter, you suggest the classification of the TracSafePRO (Part #260170), TracSafeMAX (Part
#260171), the TracSafeMAX – Probe (Part #260172), and the TracSafe NFC Label (Part #160-0002) to be
under heading 8517, Harmonized Tariff Schedule of the United States (HTSUS), which 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)…”. We
disagree. We find the core function of each sensor to be the measuring/checking. It is the calculated
measurement 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 the measurement data, there is no need for the
transmission function. Additionally, on the first three units, the measurements are provided to the user on the
integrated display. Therefore, classification under heading 8517, HTSUS, is precluded because each of the
environmental sensors are used primarily to execute a measurement function which would be beyond the
scope on heading 8517, HTSUS.
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). GRI
1 provides that the classification of goods shall be determined according to the terms of the headings and any
relevant section or chapter notes. In the event the articles cannot be classified solely on the basis of GRI 1,
GRIs 2 through 6 may be applied in order, as appropriate. The Explanatory Notes to the HTSUS, while not
legally binding, may also be consulted to aid in classification. The sensors listed above are considered to be
composite goods within the meaning of GRI 3. Goods classifiable under GRI 3(b) shall be classified as if
they consisted of the material or a component which gives them their essential character. The Explanatory
Note to GRI 3(b)(VIII), states that the factors which determine essential character will vary between different
kinds of goods. It may, for example, be determined by the nature of the materials or components, its bulk,
quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. GRI 3(c)
states that when the essential character of a composite good cannot be determined, classification is based on
the heading that occurs last in numerical order among those which equally merit consideration.
It is the opinion of this office that the TracSafePRO’s temperature reading ability in heading 9025, HTSUS,
is the essential character of the device, GRI 3(b) noted. We consider the light sensing ability in heading 9027,
HTSUS, to be a secondary feature as it is simply used to determine if the container has been opened,
however, the temperature reading is always utilized.
Additionally, in our opinion, the TracSafeMAX and TracSafeMAX – Probe’s temperature and humidity
abilities in heading 9025, HTSUS, merit equal consideration to the shock sensing ability in heading 9031,
HTSUS. Again, the light sensing ability in heading 9027, HTSUS, is simply a secondary feature and does not
merit equal consideration to the temperature, humidity and shock sensing. Accordingly, the classification for
the TracSafeMAX and TracSafeMAX – Probe will be determined based on the competing heading that
occurs last in numerical order. GRI 3(c) noted.
The applicable subheading for the TracSafePRO (Part #260170) and TracSafe NFC Label (Part #160-0002)
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.
The applicable subheading for the TracSafeMAX (Part #260171) and TracSafeMAX – Probe (Part #260172)
will be 9031.80.8085, HTSUS, which provides for “Measuring or checking instruments, appliances and
machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories
thereof: Other instruments, appliances and machines: 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 and 9031.80.8085, 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 and 9031.80.8085, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 9031.80.8085, 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 subheading 9031.80.8085, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 9025.19.8085, 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 9903.88.02 in
addition to subheading 9025.19.8085, 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.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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,
(for)
Steven A. Mack
Director
National Commodity Specialist Division