CLA-2-90:OT:RR:NC:N1:105
Mr. William Hogan
CH Robinson
1501 N. Mittel
Wood Dale, IL 60191
RE: The tariff classification of Moisture Testers and a Soil Compaction Tester from China
Dear Mr. Hogan:
In your letter dated February 6, 2019, on behalf of Agratronix, you requested a tariff classification ruling.
You have requested classification rulings for four different items which include the following:
SUBA-P0307A (moisture tester for grains) – This tester consists of a chamber for the grain sample to be inserted into with a screw on cap to enclose the grain. The front of the unit has a display for reading the results of the test. It also contains several buttons which include the ability to average out several tests. The moisture percentage and temperature are displayed with the test. The tester is battery operated.
SUBA-P0402 (moisture tester for hay) – This tester consists of a display module with mounting bracket attached by 2 knobs, a 10’ fused power cable, two 35’ shielded sensor cables with 12 cable ties, two moisture sensor kits with mounting hardware and drilling templates, and one USB cable. This device is installed on the harvester and measures the moisture level as the hay is being harvested and baled. Several readings are taken from various spots in the bale and an average is calculated. This tester is powered by the tractor via provided power cables.
SUBA-P0110 (moisture tester for tobacco) – This tester consists of a tobacco moisture tester, 18” probe and operating instructions. This tester is used by inserting the probe into a bale of tobacco which then provides the moisture reading. Several readings are taken from various spots in the bale and an average is calculated. This tester is battery operated.
SUBA-S0000 (device that measures soil compaction) – This tester consists of the soil compaction tester, ¾” large tip (loose soil) and ½” small tip (hard soil). This tester helps determine if there is a compaction layer and the depth of the layer in soil. As the tester is pushed into the soil, readings in pounds per square inch (PSI) are made at 3”, 6”, 9”, 12”, 15” and 18” depths and recorded.
The applicable subheading for moisture testers SUBA-P0307A, AUBA-P0402 and SUBA-P0110 will be 9025.80.1000, Harmonized Tariff Schedule of the United States (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: Other instruments: Electrical. The rate of duty will be 1.7% ad valorem.
The applicable subheading for SUBA-S0000 soil compaction device will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliance and machines: Other: Other. The rate of duty will be 0.4% ad valorem.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheadings 9025.80.1000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. If the merchandise is from China, you must report the Chapter 99 subheading, i.e., 9903.88.02 in addition to the corresponding subheading 9025.80.1000, HTSUS, listed above at the time of importation.
Products of China classified under subheadings 9031.80.8085, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. If the merchandise is from China, you must report the Chapter 99 subheading, i.e., 9903.88.01 in addition to the corresponding subheading 9031.80.8085, HTSUS, listed above at the time of importation.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 the World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 4C.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 Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division