N364988

U.S. Department of Homeland Security U.S. Customs and Border Protection National Commodity Specialist Division One World Trade Center, Suite 51.201 New York, NY 10007 U.S. Customs and Border Protection N364988 September 22, 2026 CLA-2-90:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9031.49.9000 Evelyn Suarez The Suarez Firm PLLC 5523 Sherier Pl NW Washington, DC 20016 RE: The tariff classification of an automated body scanner from Spain Dear Ms. Suarez: In your letter dated September 10, 2026, on behalf of your client, Sanne NY1, LLC, you requested a tariff classification ruling. Descriptive literature was provided for our review. The item under consideration is described as an automated retail capsule (ARC), which is a dome-shaped, walk-in aluminum structure designed for use in retail environments. The ARC functions as a controlled environment for measuring a customer’s body dimensions to facilitate the production of made-to-measure clothing. The interior features two changing rooms and a central body-scanning room equipped with a TG3D Scanatic360 body scanner. This scanner utilizes infrared, structured-light sensor technology to capture a full-body 3D scan in approximately three seconds, generating over 250 individual body measurements. Following the scanning process, the customer’s measurements are automatically linked to their profile. The system then selects the optimal pattern based on the product type and transmits the data to the company’s manufacturing portal for production. The exterior of the ARC features two “Proto Luma” multi-touch holographic displays, which provide a high-fidelity interface for 3D product visualization, virtual garment try-on, and checkout. The unit also includes a ventilation system, an intercom system, soft interior lighting, and interior finishing. The ARC is imported unassembled and measures approximately 18 feet in length by 11.5 feet in height and weighs 3.5 tons. In your letter, you suggest the applicable subheading of the automated body scanner to 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, appliances and machines: Other: Other.” We disagree. The scanner utilizes optical technology (infrared structured light sensors and cameras) to perform its primary function. Under Chapter 90 Additional U.S. Note 3, an instrument is defined as an “optical instrument” if it incorporates optical elements (like lenses, mirrors, or laser/light sensors) that are essential to the primary function of the machine. The Scanatic360 uses 18 optical sensors to map millions of 3D data points. Because these optical components are the core method of measurement, the machine must be classified as an optical device. Accordingly, the applicable subheading for the automated body scanner will be 9031.49.9000, 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 optical instruments and appliances: Other.” The general rate of duty will be free. The duties cited above are current as of this ruling’s issuance. 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/. This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs. For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at https://www.cbp.gov/trade/programs-administration/trade-remedies. 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 jason.m.christie@cbp.dhs.gov. Sincerely, (for) James P. Forkan Director National Commodity Specialist Division

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 jason.m.christie@cbp.dhs.gov. Sincerely, (for) James P. Forkan Director National Commodity Specialist Division