The tariff classification of an electronic fork thermometer from China

N065591 June 25, 2009 CLA-2-90 :OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9025.19.8080 Martin MarinAmerican Shipping Company, Inc. 400 Oceangate, Suite 1106 Long Beach, CA 90802 RE: The tariff classification of an electronic fork thermometer from China Dear Mr. Marin: In your letter dated June 4th, 2009, you requested a tariff classification ruling on behalf of Thane Direct USA. A sample was provided. The sample provided with your submission, SKU # 225-C020, labeled Tech Fork, is a battery operated fork thermometer, designed for use when cooking meat in a kitchen or on a barbecue. The item consists of a two-pronged metal fork attached to a plastic handle. On the handle is a digital LCD display. When cooking a meat product, the user would insert the fork into the center of the meat, and the temperature will be shown on the LCD display. The temperature can be displayed in Fahrenheit or Celsius (a button on the back of the handle allows the user to toggle between the two settings). The fork thermometer requires two AAA batteries to operate, which are included. In addition to displaying the temperature, the fork thermometer also allows the user to indicate what type of meat they are cooking (beef, lamb, turkey, pork, or chicken), and select the desired level of doneness. Two buttons on the front of the fork’s handle labeled “meat” and “taste” allow the user to make their selections. There are four “taste” settings, ranging from rare to well done. The thermometer has preset temperature levels programmed into it, which vary by type of meat and taste setting. For example beef being cooked medium rare has a target temperature of 145 degrees Fahrenheit (63 degrees Celsius). When the meat has reached the necessary temperature, the fork thermometer will beep and the LCD will flash, informing the user that the meat does not need to be cooked any further. The Tech Fork is similar, for classification purposes, to the fork thermometers mentioned in New York Ruling Letters G83181, October 17, 2000, and E87938, October 7, 1999. The applicable subheading for the fork thermometer will be 9025.19.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for thermometers and pyrometers which are not combined with other instruments, are not liquid filled, and are not clinical. The rate of duty will be 1.8%. 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 on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist J. Sheridan at (646) 733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division