CLA-2-90:OT:RR:E:NC:4:405
Iliana G. Fuller Allergan, Inc.
2525 Dupont Drive Irvine, CA 92623-9534
RE: The tariff classification of a data logger from Switzerland.
Dear Ms. Fuller:
In your letter dated May 6, 2009, you requested a tariff classification ruling. No sample was provided.
You request the classification of the Libero PDF Data Logger Ti-1, made by Berlinger & Co. of Switzerland.
The Berlinger & Co. brochure included with your ruling request describes the capabilities of the Data Logger. The brochure states that the device is able to log up to 16,000 measurement data points and then download them to a PC as a PDF file via a built-in male USB connection. The Data Logger has an internal NTC (Negative Thermistor Coefficient) probe to measure the ambient temperature to better than .5° C accuracy. The device is designed to be used for supply chain temperature monitoring. It would typically be used to travel with a shipment of temperature sensitive material to repeatedly measure and then record the temperature at given intervals of time.
Harmonized System Explanatory Note I-B to 8471 states: Separately presented appliances such as measuring or checking instruments adapted by the addition of devices (signal converters, for example), which enable them to be connected directly to a data processing machine, are, in particular, not to be regarded as units of an automatic data processing system. Such appliances fall to be classified in their own appropriate heading.
The USB connection here is simply in lieu of another method to provide the user with the temperature data already measured and stored, such as the paper graphs typically used in the thermographs of HTSUS 9025.80.40.
Noting that thermographs are not classified in 9025.19, we consider the data recording electronics of this item to be another instrument for the purposes of 9025.11- .19.
Since it has an internal NTC probe, we take it to be Electrical per HTSUS, Chapter 90, Additional U.S. Note 2.
The applicable subheading for the PDF Data Logger Ti-1 will be 9025.80.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, electrical thermometers, combined with other instruments. The rate of duty will be 1.7%.
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 J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division