CLA-2-85:OT:RR:NC:N2:212
Bibi Khan
Nozomi Networks Inc
575 Market Street
San Francisco, CA 94105
RE: The tariff classification of a wireless spectrum sensor from Italy
Dear Ms. Khan:
In your letter dated July 7, 2025, you requested a tariff classification ruling.
The merchandise under consideration is identified as the Nozomi Guardian Air security sensor, Model
Number WS20. The subject device is described as a wireless spectrum sensor that detects a wide range of
wireless devices operating within a wireless network, particularly in OT and IoT environments. The sensor is
a compact device that is physically connected to a switch within a network to communicate with a proprietary
cloud-based management platform (remote server). We note that the subject device does not perform any
switching or routing functions.
In use, the sensor is connected to a switch within a network using an ethernet cable. After configuration, the
sensor is capable of detecting a wide variety of wireless devices within range operating on Wi-Fi, Bluetooth,
LoRaWan, cellular, GPS, etc. The sensor locally decodes and analyzes wireless signals in real-time to
identify potential threats and monitor activity. It then sends this data and any alerts to the cloud-based
management platform via an encrypted connection. The management platform will then analyze and correlate
the raw data from the sensor to provide the IT security professional with various usable and actionable data
which includes visibility of wireless assets, network visualization, threat detection, vulnerability assessment,
customizable reports and location of detected devices among other network related information.
In your request, you suggest that the subject sensor is classifiable under subheading 8517.69.0000,
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.
The subject item is a security sensor that monitors activities from prominent wireless frequencies, not just
Wi-Fi and Bluetooth, to provide immediate visibility to connected assets and attack surfaces. The device
performs real-time decoding and analysis, then securely transmits telemetry and alert data to a remote server.
The primary function is to assess risk and monitor surrounding frequencies for possible threats. Any
transmission of information is purely secondary in nature and only enhances the necessary threat assessment
and security functionality.
Further, the function of network security has been classified outside of heading 8517, HTSUS, even if some
communication is present. We point to Headquarters Ruling Letter (HRL) H271470 for a complete
examination of this issue. Pursuant to the terms of the heading as well as past precedence, heading 8517,
HTSUS, is not applicable in this case.
The applicable subheading for the Nozomi Guardian Air security sensor, Model Number WS20, will be
8543.70.9860, HTSUS, which provides for “Electrical machines and apparatus, having individual functions,
not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other:
Other: Other: Other.” The general rate of duty will be 2.6% ad valorem.
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 subheading
8543.70.9860, HTSUS, listed above.
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 Luke LePage at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division