CLA-2-84:OT:RR:NC:N1:105
Darshak Dholakia
McDermott Will & Emery
500 North Capitol Street, NW
Washington, DC 20001
RE: The tariff classification of a digital electronic scale from China
Dear Mr. Dholakia:
In your letter dated July 11, 2025, on behalf of your client, Cadence Solutions, Inc., you requested a tariff
classification ruling. Descriptive literature was provided for our review.
The item under consideration is described as the Cadence Remote Monitoring Scale, which is a digital
bathroom scale with cellular connectivity, enabling automatic and seamless transmission of user weight data
directly to the Cadence team. The device is also designed to provide weight measurements directly to the user
on a large LCD screen. The scale features various components which aid in the usability of individuals with
diabetes, chronic heart failure, hypertension, and liver cirrhosis. The scale has a platform that is 14% larger
than normal scales (i.e., the platform is 12.6 inches by 12.6 inches versus a normal platform size of 11.9
inches by 11.9 inches), a larger display window, and includes edge-to-edge stability support.
You have proposed classification within heading 8517, HTSUS. Heading 8517, Harmonized Tariff Schedule
of the United States (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 item concerned is a scale that has the primary
function of measuring an individual’s weight. It also has a secondary function of transmitting that
information to a cellular telephone application (app). Classification under heading 8517, HTSUS, is
precluded because the device concerned (scale) is a composite good (Section XVI Note 3), which executes
the principal function of determining a person’s weight which is directly viewable on the LCD of the scale.
The ability to transmit that information to a cellular telephone would be considered a secondary or support
function. Additionally, as per the Explanatory Notes to heading 8517, carrier-current and other transmitters
and receivers which form a single unit with analogue or digital telemetering instruments or apparatus…, are
excluded from heading 8517.
The applicable subheading for the Cadence Remote Monitoring Scale will be 8423.10.0010, 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, 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 subheading 8423.10.0010, 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 subheading
8423.10.0010, 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/.
In your letter, you also requested consideration of a secondary classification for the subject Cadence Remote
Monitoring 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 Cadence Remote Monitoring 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
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.
Similar to the outcome of the Omada LTE-M Scale in New York Ruling N346788 (dated March 27, 2025),
we do not find that the Cadence Remote Monitoring Scale is any different than other smart scales that also
have an LTE connection. We recognize that the Cadence Remote Monitoring Scale is not marketed or sold
through traditional retail channels, 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 the Cadence program, but also for any other program that can
upload the weight numbers from the scale. Additionally, the slight increase in size and the larger LCD screen
do not allow it to function only for people with diabetes. The increased size makes it easier for larger
individuals to use the scale; however, it does not insinuate the user has diabetes.
Accordingly, in our view, the Cadence Remote Monitoring 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 Cadence Remote Monitoring Scale.
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)
James Forkan
Acting Director
National Commodity Specialist Division