The tariff classification of a foot impression pad from

N217592 June 12, 2012 CLA-2-90:OT:RR:NC:N4:414 CATEGORY: Classification TARIFF NO.: 9013.80.9000 Ms. Andrea N. Judy C.H. Robinson International, Inc. 4969 Centre Pointe Drive Suite 103 North Charleston, SC 29418 RE: The tariff classification of a foot impression pad from Dear Ms. Judy: In your letter dated May 9, 2012, on behalf of Implus Footcare LLC, you requested a tariff classification ruling. A sample of the fit ID pad was submitted with your letter and will be returned as requested. The item identified as a “fit ID pad” is a foot impression pad that assists consumers in determining which insoles are best suited for their feet. The consumer stands on the pad for 10 seconds and based on the body temperature contacting the pad, an impression of the feet is created. The pad is composed of PVC plastic with closed cell polyolefin foam backing to prevent the pad from moving. You state that the liquid crystals in the pad detect the body temperature and create the impression of the feet. You propose classification in HTSUS 9031.80.8085, which provides for “other,” non-optical, Measuring or Checking instruments, appliances or machines not specified or included elsewhere in Chapter 90.   It does not apply since your import does not provide any measurement in any unit of measure and is not determining whether the foot meets an error free standard.  Rather, it provides a temporary image of the areas of the foot which press relatively hard against a flat surface while standing, which image the user then visually compares to three printed images to estimate which image is the closest match.     The applicable subheading for the “fit ID” foot impression pad will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Liquid Crystal devices not constituting articles provided for more specifically in other headings; Other devices, appliances and instruments: Other. The rate of duty will be 4.5 percent 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 Barbara Kiefer at (646) 733-3019. Sincerely, Thomas J. Russo Director National Commodity Specialist Division