CLA-2-84:OT:RR:E:NC:1:120

Mr. Gyula Borbely
Bodytrace, Inc.
275 Madison Avenue
10th Floor
New York, NY 10016

RE: The tariff classification of a personal digital scale from China.

Dear Mr. Borbely:

In your letter dated June 3, 2009, you requested a tariff classification ruling.

The merchandise under consideration is the BT001 digital scale. It can accommodate up to 150 kilograms (kg)/330 pounds (lbs), and has an accuracy of +/- .1 kg. It features a digital display and a slide switch which allows the user to choose between weight measurement in kg or lbs. The scale also contains an embedded communication module to connect it to a mobile data network, so the user has the option of wirelessly transmitting weight results from the scale to a separate data center not imported with this item. The scale is capable of functioning on its own without connection to the data center.

The applicable subheading for the BT001 GSM-enabled bathroom scale will be 8423.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Weighing machinery (excluding balances of a sensitivity of 5cg or better)…: Personal weighing machines…: Digital electronic type.” The rate of duty will be Free.

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 on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Denise Faingar at (646) 733-3010.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division