H324564

HQ H324564 February 28, 2023 CLA-2 OT:RR:CTF:EMAIN H324564 MFT CATEGORY: Classification TARIFF NO.: 9025.19.80 Center Director Machinery Center of Excellence & Expertise 109 Shiloh Drive, Suite 300 Laredo, TX 78045 Attn: Dominique Carroll, Import Specialist RE: Application for Further Review of Protest No. 2095-21-113137; Classification of Temperature Screening Devices Dear Center Director: This letter relates to the Application for Further Review (AFR) of Protest No. 2095-21113137, which was filed on October 6, 2021, on behalf of Infrared Cameras, Inc. (protestant), and contests the classification and liquidation by U.S. Customs and Border Protection (CBP) of certain temperature screening devices under the Harmonized Tariff Schedule of the United States (HTSUS). In reaching our decision, we have considered the contents of our virtual discussion with the protestant, held on May 13, 2022, as well as information submitted with the protest as well as supplemental information submitted by protestant on March 17, 2022, March 24, 2022, and May 27, 2022. FACTS: The items under consideration are identified as temperature screening devices imported from China with model numbers FM 320+P and FM 640+P. The temperature screening devices are designed to provide readings of human body temperatures via non-contact skin measurements taken from the human face. Both models 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. The infrared camera on Model No. FM 320+P has a resolution 
 of 320x240 pixels, and the infrared camera on Model No. FM 640+P has a resolution of 640x480 pixels. The visual imaging camera on both models has a resolution of 1920x1080 pixels. The temperature reference source delivers a consistent output of temperature as a reference point for comparing a subject’s body temperature. Both models include infrared camera firmware and facial recognition firmware at importation. The infrared camera firmware acts as a thermometer by converting infrared sensor data from the camera into a numerical body temperature value in Celsius or Fahrenheit. The temperature of subjects is displayed on a desktop, laptop, or tablet monitor, none of which are included with the merchandise at importation. The device will trigger an alarm sound if it detects an elevated body temperature. The facial recognition firmware must detect a human face before it can provide a temperature reading; the devices cannot provide a temperature reading at all if a human face is not present. Between May 11 and May 29, 2020, protestant entered the subject temperature screening devices under heading 9025, HTSUS, specifically under subheading 9025.19.80, 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: Thermometers and pyrometers, not combined with other instruments: Other: Other.” Certain goods described in statistical reporting number 9025.19.8040, were excluded from classification under subheading 9903.88.02, HTSUS, and were thus properly classified under subheading 9903.88.12, HTSUS. On April 9, 2021, CBP liquidated Entry No. 799-71727548 under subheading 9027.50.80, 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 using optical radiations (ultraviolet, visible, infrared): Other: Other.” CBP also liquidated this entry under subheading 9903.88.01, HTSUS, which corresponds with the Section 301 remedy on certain products of China. Between April 9 and April 23, 2021, CBP liquidated the remaining four entries under subheading 9013.80.90, HTSUS, which provides for “Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; parts and accessories thereof: Other devices, appliances and instruments: Other.” CBP also liquidated the remaining four entries under subheading 9903.88.15, which corresponds with the Section 301 remedy on certain products of China.4 
 ISSUE: Whether the subject temperature screening devices are properly classified under heading 8525, HTSUS, as digital cameras; heading 9013, HTSUS, as other optical appliances and instruments not specified elsewhere in Chapter 90; heading 9025, HTSUS, as thermometers; or heading 9027, HTSUS, as instruments and apparatus for measuring or checking quantities of heat, sound or light. LAW AND ANALYSIS: We first note that the Protest was properly filed as a decision on classification under 19 U.S.C. § 1514(a)(2). This Protest was timely filed, within 180 days of liquidation of the first entry. See 19 U.S.C. § 1514(c)(3). Further review of Protest No. 2095-21-113137 was properly accorded to the protestant pursuant to 19 C.F.R. § 174.24(a) because the decision against which the Protest was filed is alleged to be inconsistent with a ruling of the Commissioner of CBP or his designee, or with a decision made by CBP with respect to the same or substantially similar merchandise. Classification under the HTSUS is determined in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The HTSUS headings and subheadings under consideration are as follows: 8525 Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: ***** 9013 Lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter: ***** 9025 Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: ***** 9027 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: Note 3 to Section XVI, HTSUS, provides as follows: Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function. Note 3 to Chapter 90, HTSUS, provides that “[t]he provisions of notes 3 and 4 to section XVI apply also to this chapter.” Statistical Note 2 to Chapter 90, HTSUS, provides as follows: “For the purposes of statistical reporting number 902

We first note that the Protest was properly filed as a decision on classification under 19 U.S.C. § 1514(a)(2). This Protest was timely filed, within 180 days of liquidation of the first entry. See 19 U.S.C. § 1514(c)(3). Further review of Protest No. 2095-21-113137 was properly accorded to the protestant pursuant to 19 C.F.R. § 174.24(a) because the decision against which the Protest was filed is alleged to be inconsistent with a ruling of the Commissioner of CBP or his designee, or with a decision made by CBP with respect to the same or substantially similar merchandise. Classification under the HTSUS is determined in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. The HTSUS headings and subheadings under consideration are as follows: 8525 Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: ***** 9013 Lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter: ***** 9025 Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: ***** 9027 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; instrumen