The tariff classification of the “Force Band” from China

N278952 September 28, 2016 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Ryan Lejeal Sphero, Inc. 4772 Walnut St., Suite 206 Boulder, CO 80301 RE: The tariff classification of the “Force Band” from China Dear Ms. Lejeal: In your letter dated June 13, 2016, you requested a tariff classification ruling. A sample of the “Special Edition Star Wars BB-8 with Force Band,” as well as photographs and literature of the stand-alone “Force Band” product, were submitted with your inquiry. In your submission, you requested the classification of the “Force Band” when imported with BB-8 in the “Special Edition” version as well as when imported separately, as a stand-alone product. “BB-8,” which was classified as a toy in NY N265725 (dated 6/23/2015), is an app-enabled remote controlled toy robot depicting the droid character from the movie “Star Wars: The Force Awakens.” BB-8 has a dome-shaped head that stays in place via the use of magnets without falling off while the body rolls around freely, just like the actual character in the movie. The “Force Band” is designed to be used in conjunction with BB-8, as well as for play on its own. This wrist-worn device is made of a high-impact resistant polycarbonate shell that allows one to control BB-8 in a manner similar to a real “Jedi Knight.” This rectangular device, which is designed to look battle-worn, is attached to an adjustable wrist strap with an easy on/off magnetic clasp. It contains a rechargeable lithium polymer battery. The Force Band contains accelerometers and gyroscopes that track the user’s movement. The accelerometers work in tandem with the processor to translate the user’s movement into commands on how BB-8 should move. For example, imitating a classic “Jedi” move using the force, raising one’s arm and then thrusting it forward as if to propel an object, causes BB-8 to move forward while a sound effect is simultaneously emitted from the Force Band. Likewise, a “force pull” gesture will cause BB-8 to go backwards. Waving one’s arm/wrist in a left and right manner causes BB-8 to turn in that particular direction, again, appearing as if one is using “the force” to accomplish these movements. These imitative movements enhance its play value. In addition to allowing one to pretend to use the force to control BB-8, the Force Band also provides three additional modes of play, which are spoken in the voice of Obi-Wan Kenobi. These modes of play, already resident on the Force Band, can be unlocked when it is paired with any compatible smart device containing the Force Band App: Force Training – will interact with BB-8, giving users commands to block, parry, or strike based on the movements of BB-8. Combat Training – used independently from BB-8, the user can select the famous blaster sound effect from Star Wars and the Force Band will emit them according to the user’s arm movement. Eleven additional weapon sounds, such as lightsaber sounds, are pre-loaded on the Force Band and can be unlocked. When used in conjunction with toy blasters, lightsabers, etc., the Force Blaster provides another dimension of play which makes one feel they are actually in battle as one of the Star Wars characters. Force Awareness – Used in conjunction with the App, the Force Band provides haptic feedback when a hidden supply cache is “found” hidden nearby. These hidden caches will unlock new weapons and secrets inside the Force Band companion App. Once the features are unlocked, the companion App is not necessary for one to use the aforementioned modes of play on the Force Band. The “Special Edition Star Wars BB-8 with Force Band” is packaged and sold with BB-8 in a specially fitted special edition tin, an inductive-charging base for BB-8, the Force Band, two USB cables for charging, and a quick start guide. The stand-alone “Force Band” is packaged and sold with the Force Band, a USB cable for charging, and a quick start guide. Whether imported together with BB-8 or on its own, the Force Band is classifiable as a toy. It is principally designed for the amusement of children and adults, 8 years of age and older. The applicable subheading for the “Force Band,” when imported both with BB-8 or separately, will be 9503.00.0073, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” The 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 on World Wide Web at https://hts.usitc.gov/current. Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local CBP office prior to importation. 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 James Forkan at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division