The tariff classification of a SNIF tag system from China

N020062 December 19, 2007 CLA-2-90:OT:RR:E:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Ms. Anya Kattef SNIF Labs, Inc 108 Lincoln Street Boston, MA 02111 RE: The tariff classification of a SNIF tag system from China Dear Ms. Kattef: In your letter dated November 26, 2007, you requested a tariff classification ruling. No sample was provided. The SNIF tag acronym stands for Social Networking in Fur. This refers to the fact that, when brought into proximity to another dog with a SNIF tag, information will be transferred by rf signal between the tags and stored on each tag. This will enable each owner to find the name of the other dog and its owner, etc, on your website. However, the tag has another major function in that it can measure the amount of physical activity for the dog via accelerometers in the tag. This data is transmitted to the base station when at home and stored for later downloading when outside. Per the information on sniftag.com, your website will be able, for example, to give the owner “real data about how many calories” the dog is burning. It is clear that this is not a direct measurement, but a projection based on the length of time for various degrees of activity as reported by the tag plus information such as the dog’s gait, weight, etc. previously supplied by the owner. We consider the SNIF tag to be a composite good in which the measurement of activity function is in the last heading that equally merits consideration in supplying its essential character. Your import will consist primarily of one SNIF tag and the required base station, plus various connectors, adaptors, etc. The applicable subheading for your import will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other", non-"optical" measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7 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 J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division