The tariff classification of forehead/ear thermometer from Germany

N173355 July 8, 2011 CLA-2-90:OT:RR:NC:N4:405 CATEGORY: Classification TARIFF NO.: 9025.19.8040 Martina Williams Greater Concepts by Design 1803 Springside Court Plainfield, IL 60586 RE: The tariff classification of forehead/ear thermometer from Germany Dear Ms. Williams: In your letter dated June 28, 2011, you requested a tariff classification ruling. No samples were provided. The merchandise at issue is a forehead/ear thermometer identified by model number DX6635. Based on the product description sheet you provided with your submission, the DX6635 is an infrared temperature measuring instrument which can be used to take a precise measurement of body temperature. The thermometer is designed to measure an individual’s body temperature either on the forehead or in the ear. The thermometer is capable of measuring body temperatures between 35.5° - 42° C (95.9° - 107°F) within +/- 0.2° C. Temperature measurement, by means of an infrared sensor, takes approximately 4 seconds, and the results are displayed on a built-in digital LCD display. The thermometer is also capable of providing an audio output of the temperature reading, in both German and English. The DX6635 thermometer is powered by two AAA batteries.Thermometers are eo nome provided for in Heading 9025. Harmonized System Explanatory Note B(5) to Heading 9025 gives several examples of electrical thermometers and pyrometers. Furthermore, Customs has previously classified an infrared thermometer (albeit not one used for body temperature) in Heading 9025, in New York Ruling Letter 853182, dated June 28, 1990. The applicable subheading for the forehead/ear thermometer will be 9025.19.8040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Clinical thermometers, not liquid filled. The rate of duty will be 1.8% ad valorem. 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