The tariff classification of the “Root Robot” from China

N296156 May 15, 2018 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073; 9608.00.0020; 9610.00.0000 Ms. Paula Connelly Law Offices of Paula Connelly 100 Trade Center Suite 660 Woburn, MA 01801 RE: The tariff classification of the “Root Robot” from China Dear Ms. Connelly: In your letter received April 17, 2018, you requested a tariff classification ruling on behalf of Root Robotics Inc. Photographs and a description of the “Root Robot” were submitted with your inquiry. The item is an app-enabled hexagon-shaped disc that is both a toy and a learning tool. Root Robot teaches children to code the toy to draw or erase artwork, scan colors, play games and play musical compositions. Included in the packaging with the robot are two magic markers, a whiteboard, a dry erase cloth, vinyl cling stickers that act as game obstacles and a charging cable. The user can also download a custom gaming app onto a Bluetooth smartphone or tablet that will connect to and communicate with the Root Robot. In addition to the classification of the set, you also are requesting a binding classification for the white board and markers separately as you claim that you will be importing them individually as well. Root has a rugged plastic shell that can withstand falls and the abuse of children. It can last for multiple hours on a single charge. Inside of Root, there are three motors, a color-sensing bar, light sensors, bump sensors, touch sensors, LEDs, and a USB charging port.  There are two drive wheels that contain encoders to keep track of the revolutions of the wheels. Root’s circuitry also includes a gyroscope and an accelerator to improve the accuracy of driving on flat surfaces. The sensors are there to interact with kids and flashlights as well as to keep it safe from falling off tables.  There is a speaker to play music and integrated LEDs to create lighting effects. Root uses all these devices to make fun interactive play experiences to keep children engaged and wanting to play and to learn at the same time. In addition to the educational component, the Root Robot also operates like any other remote-controlled (RC) toy vehicle and provides similar entertainment. It is of the same class or kind as other RC vehicles and is principally designed for the amusement and education of children 4 years of age and older.   Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRI). GRI 3(b) states that goods which are put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. In the present set, consisting of the robot, charger, whiteboard, markers, dry erase cloth and vinyl stickers, it is the robot that is imparting the essential character. The applicable subheading for the “Root Robot” with accessories 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. The applicable subheading for the markers imported individually will be 9608.00.0020, HTSUS, which provides for felt tipped pens and other porous-tipped pens and markers. The rate of duty will be 4 percent ad valorem. The applicable subheading for the whiteboard imported individually will be 9610.00.0000, HTSUS, which provides for slates and boards, with writing or drawing surfaces, whether or not framed. The rate of duty will be 3.5 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 https://hts.usitc.gov/current. 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 Roseanne Murphy at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division