CLA-2-84:OT:RR:NC:N1:120
Mr. Michael Travnikar
COO, UpSpring Ltd.
9417 Neils Thompson Drive
Austin, TX 78758
RE: The tariff classification of the AquaScale™ from China
Dear Mr. Travnikar:
In your letter dated October 13, 2011, you requested a tariff classification ruling.
The merchandise under consideration is referred to as the AquaScale™ 3-in-1 digital baby scale which is primarily a child wellness aid fitted with a physician grade scale to allow parents/caregivers a way to take the accurate weight of an infant/toddler. A water temperature sensor is molded into the overall product shape allowing it to also function as an infant tub. It measures approximately 31 inches in length by 19 inches in width by 10 inches in height by 7 inches inside tub depth.
The AquaScale™ is placed on a hard level surface for use. The scale can function with or without the presence of water in the tub, and compensates for water and motion. If water is present during weighing, a water temperature sensor will display the water temperature on the 2.38 inch LCD readout to ensure the safety/comfort of the infant/toddler. An “on-off/zero” button is used to activate the unit and to reset the LCD readout to zero before weighing the infant/toddler. A “mode” button is used to select weight readout in pounds+ounces or kilograms, and water temperature in fahrenheit or celsius. The “weigh” button is pressed to take the precise weight of the infant/toddler, which will appear on the LCD readout display.
The AquaScale™ can accommodate up to 44 pounds (Ib)/704 ounces (oz)/20 Kilograms (kg) and has an accuracy of +/- 0.044 lbs /.704 (oz)/0.02 (kg). The AquaScale™ is powered by two triple “A” batteries (not included).
The applicable subheading for the AquaScale™ 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)…: Personal weighing machines, including baby scales; household scales: 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,
Thomas J. Russo
Director
National Commodity Specialist Division