The tariff classification of a Smart Baby Bottle Monitor from Canada

N332742 May 15, 2023 CLA-2-90:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Mike Ferris Strader Ferris International Limited 808 Commerce Park Dr.Ogdensburg, NY 13669 RE: The tariff classification of a Smart Baby Bottle Monitor from Canada Dear Mr. Ferris: In your letter dated May 4, 2023, on behalf of your client, Vebaby, you requested a tariff classification ruling. The item under consideration is the Veba smart baby bottle monitor, which is a device that turns a standard baby bottle into a smart bottle and notifies parents of when breast milk or formula has expired. The Veba device attaches to a baby bottle via a silicone strap and allows the user to set expiration times for formula or expressed breast milk by hours or days. An LED light illuminates to show the status of the milk or formula and will automatically begin counting down to expiration. The user can monitor the bottle’s status via the device itself or the Veba app. The device features an accelerometer, temperature detector, timer, data logger and wireless connectivity. The accelerometer detects motion so that when the user shakes the bottle, the device identifies the movement and shows the user whether the bottle is in good, bad or almost spoiled condition by use of green, yellow and red LED lights. The accelerometer is also able to identify when the baby is feeding based on the angle of the bottle and the time spent in the position. The Veba also identifies when the environment around the bottle has reached above 77 degrees Fahrenheit and notifies the user that milk may be unsafe to consume. Veba can detect temperature changes around the bottle, including when it is placed in the refrigerator. However, the Veba cannot directly measure the temperature of the contents of the bottle but can provide valuable information regarding whether the bottle is in a warm or cold location. The timer is utilized to set bottle expirations by hours or days. The logging feature allows the user to log and track feedings and the number of ounces consumed in each feeding. Additionally, the Veba can be linked to a smart device, via Bluetooth, through an app. This allows the user to personalize the name of each Veba device, show activity and milk countdown data, and obtain alerts. Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI’s). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings and any relevant section or chapter notes. In the event the articles cannot be classified solely on the basis of GRI 1, GRI’s 2 through 6 may be applied in order, as appropriate. The Explanatory Notes to the HTSUS, while not legally binding, may also be consulted to aid in classification. The Veba smart baby bottle monitor is considered to be a composite good within the meaning of GRI 3. Goods classifiable under GRI 3(b) shall be classified as if they consisted of the material or a component which gives them their essential character. The Explanatory Note to GRI 3(b)(VIII), states that the factors which determine essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. GRI 3(c) states that when the essential character of a composite good cannot be determined, classification is based on the heading that occurs last in numerical order among those which equally merit consideration. Inasmuch as no one component imparts the essential character to the subject composite item, GRI 3(b) does not apply. It is the opinion of this office that the temperature reading ability in heading 9025, HTSUS, merits equal consideration to the accelerometer in heading 9031, HTSUS. Therefore, classification will be determined based on the competing heading that occurs last in numerical order. GRI 3(c) noted. Accordingly, the applicable subheading for the Veba smart baby bottle monitor will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other.” The general rate of duty will be free. 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 at https://hts.usitc.gov/current. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Jason Christie at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division