CLA-2 OT:RR:CTF:EMAIN H324564 MFT
Center Director
Machinery Center of Excellence & Expertise
109 Shiloh Drive, Suite 300
Laredo, TX 78045
Attn: Dominique Carroll, Import Specialist
RE: Application for Further Review of Protest No. 2095-21-113137; Classification of Temperature Screening Devices
Dear Center Director:
This letter relates to the Application for Further Review (AFR) of Protest No. 2095-21113137, which was filed on October 6, 2021, on behalf of Infrared Cameras, Inc. (protestant), and contests the classification and liquidation by U.S. Customs and Border Protection (CBP) of certain temperature screening devices under the Harmonized Tariff Schedule of the United States (HTSUS). In reaching our decision, we have considered the contents of our virtual discussion with the protestant, held on May 13, 2022, as well as information submitted with the protest as well as supplemental information submitted by protestant on March 17, 2022, March 24, 2022, and May 27, 2022.
FACTS:
The items under consideration are identified as temperature screening devices imported from China with model numbers FM 320+P and FM 640+P. The temperature screening devices are designed to provide readings of human body temperatures via non-contact skin measurements taken from the human face. Both models consist of an infrared camera, a visual imaging camera, a temperature reference source, an ethernet cable, a power adapter, and a power cord. The infrared camera provides a thermal image of a human subject, while the visual imaging camera provides a visual image of a human subject. The infrared camera on Model No. FM 320+P has a resolution
of 320x240 pixels, and the infrared camera on Model No. FM 640+P has a resolution of 640x480 pixels. The visual imaging camera on both models has a resolution of 1920x1080 pixels. The temperature reference source delivers a consistent output of temperature as a reference point for comparing a subject’s body temperature.
Both models include infrared camera firmware and facial recognition firmware at importation. The infrared camera firmware acts as a thermometer by converting infrared sensor data from the camera into a numerical body temperature value in Celsius or Fahrenheit. The temperature of subjects is displayed on a desktop, laptop, or tablet monitor, none of which are included with the merchandise at importation. The device will trigger an alarm sound if it detects an elevated body temperature. The facial recognition firmware must detect a human face before it can provide a temperature reading; the devices cannot provide a temperature reading at all if a human face is not present.
Between May 11 and May 29, 2020, protestant entered the subject temperature screening devices under heading 9025, HTSUS, specifically under subheading 9025.19.80, 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.” Certain goods described in statistical reporting number 9025.19.8040, were excluded from classification under subheading 9903.88.02, HTSUS, and were thus properly classified under subheading 9903.88.12, HTSUS.
On April 9, 2021, CBP liquidated Entry No. 799-71727548 under subheading 9027.50.80, 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: Other.” CBP also liquidated this entry under subheading 9903.88.01, HTSUS, which corresponds with the Section 301 remedy on certain products of China. Between April 9 and April 23, 2021, CBP liquidated the remaining four entries under subheading 9013.80.90, HTSUS, which provides for “Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof: Other devices, appliances and instruments: Other.” CBP also liquidated the remaining four entries under subheading 9903.88.15, which corresponds with the Section 301 remedy on certain products of China.4
ISSUE:
Whether the subject temperature screening devices are properly classified under heading 8525, HTSUS, as digital cameras; heading 9013, HTSUS, as other optical appliances and instruments not specified elsewhere in Chapter 90; heading 9025, HTSUS, as thermometers; or heading 9027, HTSUS, as instruments and apparatus for measuring or checking quantities of heat, sound or light.
LAW AND ANALYSIS:
We first note that the Protest was properly filed as a decision on classification under 19 U.S.C. § 1514(a)(2). This Protest was timely filed, within 180 days of liquidation of the first entry. See 19 U.S.C. § 1514(c)(3). Further review of Protest No. 2095-21-113137 was properly accorded to the protestant pursuant to 19 C.F.R. § 174.24(a) because the decision against which the Protest was filed is alleged to be inconsistent with a ruling of the Commissioner of CBP or his designee, or with a decision made by CBP with respect to the same or substantially similar merchandise.
Classification under the HTSUS is determined 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 of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order.
The HTSUS headings and subheadings under consideration are as follows:
8525 Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders:
*****
9013 Lasers, other than laser diodes; other optical appliances and
instruments, not specified or included elsewhere in this chapter:
*****
9025 Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof:
*****
9027 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:
Note 3 to Section XVI, HTSUS, provides as follows:
Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.
Note 3 to Chapter 90, HTSUS, provides that “[t]he provisions of notes 3 and 4 to section XVI apply also to this chapter.” Statistical Note 2 to Chapter 90, HTSUS, provides as follows: “For the purposes of statistical reporting number 9025.19.8010, ‘clinical infrared thermometers’ are devices designed to be used to check the body temperatures of humans and animals.”
CBP has previously ruled that certain temperature screening devices and composite machines containing infrared thermometers were to be classified under heading 9025, HTSUS. For example, in New York Ruling Letter (NY) N315309, CBP considered the classification of certain temperature screening devices consisting of an infrared thermometer connected to a programmable LCD touch screen. Both models encompassed a camera for facial recognition and mask detection. The temperature readings were displayed on the LCD screen, and the device could alert subjects if their temperatures were above a predetermined threshold. CBP found that both models of the temperature screening devices were classifiable under heading 9025, HTSUS, specifically under subheading 9025.19.80, HTSUS.7
Similarly, in NY N312330, CBP determined that a certain thermal screening and face recognition terminal was classified under heading 9025, HTSUS. The thermal screening and face recognition terminal took subjects’ temperatures by way of an infrared thermopile sensor that provided a temperature reading on an LCD display. The terminal could detect whether a subject was wearing a mask and sound a voice alarm if a mask was not detected or if a subject’s body temperature exceeded a certain standard. Based on the article’s functionality, CBP concluded that the thermal screening and face recognition terminal was classifiable under heading 9025, HTSUS, specifically under subheading 9025.19.80, HTSUS.
We find that the subject temperature screening devices constitute composite machines under Note 3 to Section XVI, HTSUS. First, the temperature screening devices consist of multiple machines that perform complementary functions – including, inter alia, an infrared camera for providing a thermal image of a human subject and a temperature reference source for delivering a consistent output of temperature as a reference point. Second, these multiple machines work in concert to carry out the principal function of providing a body temperature reading of a subject. Accordingly, the subject temperature screening devices must be classified as if consisting only of the component that provides a body temperature reading of a subject. The infrared camera
firmware acts as a thermometer by converting infrared sensor data from the camera into a numerical body temperature value. Thus, the subject temperature screening devices must be classified as if consisting only of thermometers, which are provided for under heading 9025, HTSUS.
Pursuant to Note 3 to Section XVI, HTSUS, and Note 3 to Chapter 90, HTSUS, the subject temperature screening devices are classified under heading 9025, HTSUS, specifically under subheading 9025.19.80, 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.”
HOLDING:
By application of GRIs 1 (Note 3 to Chapter 90 and Note 3 to Section XVI) and 6, the subject temperature screening devices are properly classified under heading 9025, HTSUS, and are specifically described in statistical reporting number 9025.19.8040, HTSUS Annotated, as clinical infrared thermometers of a kind described in Statistical Note 2 to Chapter 90. The general column one rate of duty is free. As the subject temperature screening devices are clinical infrared thermometers, they are eligible for exclusion from Section 301 duties under U.S. Note 20(o)(63) to Subchapter III of Chapter 99, HTSUS, and secondary tariff number 9903.88.12, HTSUS.
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 online at http://www.usitc.gov/tata/hts/.
You are instructed to GRANT this protest.
You are instructed to notify the protestant of this decision no later than 60 days from the date of this decision. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to this notification. Sixty days from the date of the decision, the Office of Trade, Regulations and Rulings will make the decision available to CBP personnel and the public on the Customs Rulings Online Search System (CROSS) at https://rulings.cbp.gov/, or other methods of public distribution.
Sincerely,
for Yuliya A. Gulis, Director
Commercial and Trade Facilitation Division