Temperature Screeners Are 'Clinical Thermometers' Excluded From Section 301 Duties, CBP HQ Rules
Complex composite temperature screening devices are properly classified as thermometers of Harmonized Tariff Schedule heading 9025 and are excluded from Section 301 duties under secondary tariff number 9903.88.12 CBP, ruled in a recently released headquarters ruling. The items at issue consisted of an infrared camera, a visual imaging camera, a temperature reference source, an ethernet cable, a power adapter and a power cord.
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In reaching a classification, CBP found that the items were composite machines. Note 3 to Section XVI, which also applies to Chapter 90, instructs that two or more machines fitted together to form a whole "are to be classified as if consisting only of that component or as being that machine which performs the principal function."
Because the devices at issue consist of multiple machines, 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, they must be classified as if they consisted only of the infrared cameras as they provide the body temperature readings. In addition, CBP noted that the infrared camera firmware "acts as a thermometer" by converting infrared sensor data into a numerical body temperature value, meaning that the devices must be classified as if consisting only of thermometers, which are provided for under heading 9025.
CBP further noted that Statistical Note 2 to Chapter 90 states that, “For the purposes of statistical reporting number 9025.19.8010, ‘clinical infrared thermometers’ are devices designed to be used to check the body temperatures of humans and animals” and that the devices at issue met that definition. CBP noted that U.S. Note 20(o)(63) to Subchapter III of Chapter 99 allows for "digital clinical thermometers" to be specifically excluded from Section 301 duties.