The tariff classification of the “R2-D2” smart toy robot from China

N287497 July 18, 2017 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Travis Parke Sphero, Inc. 4772 Walnut St. Suite 206 Boulder, CO 80301 RE: The tariff classification of the “R2-D2” smart toy robot from China Dear Mr. Parke: In your letter dated June 19, 2017, you requested a tariff classification ruling. Photographs and description of the “R2-D2” robot, Model R201, were received with your inquiry. “R2-D2” is a toy robot depicting the droid character from the “Star Wars” movie series. Included with the robot is a “USB to micro USB” charging cable and a quick start instruction guide, all of which are housed within foam to protect the contents during shipping. The “R2-D2” robot is constructed of a high-impact resistant poly-carbonate material and contains four motors and two rechargeable lithium polymer batteries to provide power and authentic character movement. The robot also includes a number of processors, an integrated speaker, a Bluetooth chip and an accelerometer to allow the robot to drive in any direction and to be controlled from a smartphone or similar Bluetooth capable device. Additionally, inside the robot’s head are multiple color LEDs, allowing one to pick and choose from hundreds of colors in which to illuminate the item. The robot measures approximately 6.77” tall x 4.25” wide x 2.76” deep and is shaped like a cylinder that is rounded at the top, or head, and flat at the bottom, with three legs. The tri-pedal leg orientation allows the robot to remain upright during operation while there are also small wheels in each foot of R2-D2’s legs that allow the toy to roll during use. The item will launch with a free Sphero Star Wars app available on Android and IOS devices that will allow the user to view “Holographic Simulations” as well as enabling R2-D2 to “watch” Star Wars films and react with animations to events on the screen at certain points in the movies. “R2-D2” is principally designed for the amusement of children 8 years of age and older. The applicable subheading for “R2-D2” robot smart toy 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 http://www.usitc.gov/tata/hts/. 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 Associate Hershel Rosenfeld at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division