In ruling NY N313219 (July 29, 2020), Customs and Border Protection (CBP) discussed the classification of the SNAPXT Thermal Scanner. It consists of an infrared thermometer connected to a programmable 8-inch touch screen. The device also encompasses a RGB dual-lens color camera and infrared camera for facial recognition, LED lights for increased visibility of the user and capable of reading NFC, RFID, BLE & QR codes for scanning the user’s identification badge. In regards to temperature measurement, it can measure temperature from a distance of approximately 50 to 70 cm, with an accuracy of ±0.3°C(±0.54°F), and a range of 15-45°C (59-113°F). The infrared thermometer temperature reading is displayed on the LCD screen near the picture of the user. If specifically programmed, the SNAPXT Thermal Scanner can also provide entry into a building if the user has an acceptable temperature as well as the ability to send alerts via email for tracking and security purposes.

Goods that are facially classifiable under two or more headings, are classifiable in accordance with GRI 3. GRI 3(a) states that the heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings refers to only part of the machine then those headings are to be regarded as equally specific in relation to the function of the machine. As per Note 3 to Section XVI, composite machines consisting of two or more machines fitted together or 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 which performs the principal function. In this instance, CBP stated that the principal function cannot be determined. According to General Explanatory Note (VI) to Section XVI, when it is not possible to determine the principal function of the machine as provided for in Note 3 to Section XVI, and when the context does not otherwise require, it is necessary to apply GRI 3(c). Thus, CBP classified the SNAPXT Thermal Scanner under the subheading occurring last in numerical order among those which equally merit consideration. In this instance, the temperature reading component falls within heading 9025.

CBP determined that the applicable subheading for the SNAPXT Thermal Scanner is 9025.19.8010, 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: Clinical: Infrared thermometers of a kind described in statistical note 2 of this chapter.” The rate of duty is free.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China are classified under subheading 9025.19.8010, HTSUS, unless specifically excluded, and are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, the Chapter 99 subheading, 9903.88.02, in addition to subheading 9025.19.8010, HTSUS, must be reported.