Rulings, remedies and court proceedings for customs and trade professionals

Newly Released CBP HQ Rulings May 2

The Customs Rulings Online Search System (CROSS) was updated May 2 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

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H324564: Application for Further Review of Protest No. 2095-21-113137; Classification of Temperature Screening Devices

Ruling: The temperature screening devices at issue are properly classified under heading 9025 and specifically described in statistical reporting number 9025.19.8040 as “Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: Thermometers and pyrometers, not combined with other instruments: Other: Other.” As the devices are clinical infrared thermometers, they are eligible for exclusion from Section 301 duties under secondary tariff number 9903.88.12.
Issue: Are the subject temperature screening devices properly classified under heading 8525 as digital cameras; heading 9013 as other optical appliances and instruments not specified elsewhere in Chapter 90; heading 9025 as thermometers; or heading 9027 as instruments and apparatus for measuring or checking quantities of heat, sound or light?
Items: Temperature screening devices imported from China. The devices consist of an infrared camera, a visual imaging camera, a temperature reference source, an ethernet cable, a power adapter, and a power cord. The infrared camera provides a thermal image of a human subject, while the visual imaging camera provides a visual image of a human subject.
Reason: The devices constitute composite machines that perform complementary functions including an infrared camera for providing a thermal image of a human subject and a temperature reference source for delivering a consistent output of temperature as a reference point. Second, the machines work in concert to carry out the principal function of providing a body temperature reading of a subject. Therefore, the devices must be classified as consisting only of the component that provides a body temperature reading of a subject. The infrared camera firmware acts as a thermometer by converting infrared sensor data from the camera into a numerical body temperature value. Thus, the devices must be classified as consisting only of thermometers, which are provided under heading 9025.
Ruling Date: Feb. 28, 2023