CLA-2-90:OT:RR:NC:N1:105
David Robeson Mohawk Global Trade Advisors 123 Air Cargo Road North Syracuse, NY 13212
RE: The tariff classification of sensors from China
Dear Mr. Robeson:
In your letter dated September 25, 2024, on behalf of your client, Calchip Connect, you requested a tariff classification ruling.
The first item under consideration is the Browan Object Locator (part number SEN-000193- 915-TRK), which is a device designed for asset tracking. Users can monitor the location of pets, personal objects, or valuable assets. Upon purchase, the user will receive access to a mobile app that will enable the user to visually follow any asset to which the tracker is attached. The user will have push notifications, battery alerts, and geofence capabilities letting the user know if the assets are moving or stationary. The device communicates data back to a gateway or cloud application, which then triggers alerts like notifications or alarms on connected devices (e.g., smartphones). The object locator utilizes Long Range Wide Area Network (LoRaWAN) connectivity to communicate the location of the device. The lithium-ion polymer (LiPo) battery can be recharged through the USB-C connector and also includes a three-axis accelerometer to detect motion optimized for different asset applications for response time and battery life. The item measures 50mm x 12mm x 50mm and weighs 30 grams. The unit is shaped like a hexagon and contains a small strap to help attach the device to the item to be tracked. The unit is comprised of a plastic protective covering IP64 rated, GNSS receiver, a push button, a LiPo, an LED indicator, and a USB-C connector. The green LED indicator is initially used to indicate the charging status of the unit and also is activated in different operating phases of the unit. The push button sensor is used to activate the device as well to change the operating modes. The sensor has a transport mode that is activated to minimize battery usage as well as the default mode when the device is in active use. The second item under consideration is the Browan Passive Infrared (PIR) Motion Sensor (part number SEN-000001-915), which is a sensor that detects occupancy or motion in homes or buildings for security purposes. The sensor can also be utilized in facility management systems to optimize facility usage or cleanliness for desks, conference rooms, bathrooms, etc. The activity is sensed by the heat of the individual in the room. Additionally, it transmits regular uplinks of the room's current occupancy every hour when unoccupied or every 10 minutes when occupied. The item has an octagon-shape and measures 50mm x 20mm x 50mm and weighs 40g. The device consists of the sensor comprised of a Passive Infrared Detector and Fresnel Lens. The main body contains the active electronics to measure movement and transmit any changes to a LoRaWAN network. The device has a 7m detection range and 123 Horizontal x 93 Vertical degree detection angle. The unit operates on a 3.6V Lithium battery (ER14250) with an estimated battery life of 13-17 months. A blue LED light acts as the indicator on the user interface. The third item under consideration is the Browan Sound Level Sensor (part number SEN-000006-915), which is a sensor device that converts sound pressure into an electrical signal. This signal can then be used to measure the sound level in decibels (dBA). The Sound Level Sensor utilizes LoRaWAN connectivity to provide, measure, and investigate sound levels in decibels in a variety of building environments. The item has an octagon-shape and measures 50mm x 20mm x 50mm and weighs 40g. The device consists of a sensor with a microelectromechanical systems (MEMS) microphone, which has a measuring range of 40-100 dBA and frequency response of 100-10,000 Hz with a resolution of 1 decibal. A blue LED is used as the indicator for the user interface. The unit is powered by a 3.6V lithium battery with an estimated battery life of 7-14 months. The Browan Object Locator is considered to be a composite machine, which uses the Global Navigation Satellite System (GNSS) receiver to provide the objects location, the accelerometer to determine if there is movement detected, and the LoRaWAN connectivity to transmit data. Since a principal function cannot be determined for this composite machine, General Explanatory Note (VI) to Section XVI directs us to apply General Interpretative Rule 3(c). General Interpretative Rule 3(c) provides that goods shall be classified under the heading which occurs last in numerical order among those (heading 8517, data transmitter, heading 8526, GNSS receiver, and heading 9031, accelerometer) which equally merit consideration. Based on the above, classification of this device will be under heading 9031, Harmonized Tariff Schedule of the United States (HTSUS). For each of the aforementioned products, you have proposed classification within heading 8531, HTSUS. Heading 8531, HTSUS, provides, in relevant part, for “Electric sound or visual signaling apparatus … other than those of heading 8512 or 8530.” It covers products which function to provide a visual and/or audible signal to the user. Such devices must have the ability to issue a sound or visual alert/indicator that is readily understood by the user. This heading does not apply to devices that send a data signal or electrical signal to, for example, a computer system, network, monitor, or some other external signaling device. The items concerned are sensors. They detect and measure a sensed event and send that information wirelessly to a remote network. They do not issue an audible or visual signal in response to the sensed event. Based on the use and function of the items concerned, classification within heading 8531, HTSUS, would be inapplicable. The applicable subheading for the Browan Object Locator (part number SEN-000193- 915-TRK) will be 9031.80.8085, 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, appliances and machines: Other: Other.” The general rate of duty will be Free. The applicable subheading for the Browan PIR Motion Sensor (part number SEN-000001-915) will be 8543.70.9860, HTSUS, which provides for Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6 percent, ad valorem. In headquarters ruling HQ 964219 (dated October 12, 2000), CBP classified a musical instrument tuner in heading 9031.80.8085, HTSUS. CBP described the logic to classifying the tuner as follows: “You believe that the proper classification of the Node musical instrument tuner is in subheading 9027.80.45, HTSUS, which includes in particular “instruments and apparatus for measuring or checking quantities of heat, sound or light….” We do not find that heading 9027 applies to instrument tuners. A tuner measures pitch, frequency or vibration. We believe this to be more of a “quality” than a “quantity”. To measure a quantity of sound you would measure the decibels or loudness of the sound. A machine measuring the decibels an instrument produces would be classified within heading 9027, HTSUS.” Accordingly, the applicable subheading for the Browan Sound Level Sensor (part number SEN-000006-915) will be 9027.89.4590, 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: Other: Electrical: Other.” The general rate of duty will be free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 9027.89.4590 and 9031.80.8085, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheadings 9027.89.4590 and 9031.80.8085, HTSUS, listed above. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.70.9860, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.70.9860, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 at https://hts.usitc.gov/. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division