CLA-2-84:OT:RR:NC:N1:105
Darshak Dholakia
McDermott Will & Schulte LLP
The McDermott Building, 500 North Capitol Street, NW
Washington, DC 20001
RE: The tariff classification of a smart scale from China
Dear Mr. Dholakia:
In your letter dated January 25, 2026, on behalf of your client, Withings Health Solutions, you requested a
tariff classification ruling. Descriptive literature was provided for our review.
The item under consideration is the Withings Body Pro 2 scale (Model WBS14), which is a cellular-enabled
scale you state is engineered for advanced Remote Patient Monitoring (RPM) and chronic condition
management. The device is designed for seamless integration and requires no initial setup, leveraging built-in
LTE-M cellular connectivity to automatically transmit accurate health data, including weight, body
composition, and heart rate, directly to care teams without the need for a smartphone. It incorporates
multifrequency Bioelectrical Impedance Analysis (BIA) and Electrochemical Skin Conductance (ESC),
which are stated to assist in the early detection of diabetic peripheral neuropathy and foot ulcer risks.
Additionally, the device provides an estimation of Vascular Age (VA) by measuring Pulse Wave Velocity
(PWV), offering insights into arterial health. This comprehensive at-home evaluation of autonomic nerve
integrity is presented as a non-invasive, repeatable alternative to invasive or clinic-only methods, particularly
beneficial for individuals with mobility limitations. The scale features an intuitive color LCD screen that
displays engagement scores and personalized “health nudges.” For users sensitive to seeing their data, an
“eyes closed” mode hides measurements during weigh-ins. Consistent with its design and software features,
the device is marketed and intended for home health monitoring rather than use in clinical or professional
medical settings.
The applicable subheading for the Withings Body Pro 2 (Model WBS14) 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.
In your letter, you also requested consideration of a secondary classification for the subject Body Pro 2 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 Body Pro 2 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.
The Body Pro 2 scale exhibits significant similarities to numerous other smart scales currently available on
the market. While it is acknowledged that the Body Pro 2 scale is not marketed or sold through traditional
retail channels, this distinction does not alter the fact that many substantially similar scales exist which are
not specifically designated for individuals with diabetes or cardiovascular conditions. It is our position that
the Body Pro 2 scale can be utilized for a variety of purposes, including general personal use by individuals
seeking weight data and additional health information. This broad applicability demonstrates that the scale’s
intended use is not exclusively for individuals with diabetes. Furthermore, as you have indicated, the scale
could be used by individuals with pre-diabetes or those who may develop more advanced medical conditions
in the future. Monitoring for a potential condition does not classify a device as being specifically intended for
individuals already diagnosed with that disease.
Accordingly, in our view, the Body Pro 2 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 Body Pro 2 scale.
The 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/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on
the Trade Remedy/IEEPA page at
https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.
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)
Denise Faingar
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division