The tariff classification of MOVO Beta from Canada

 N298704 August 3, 2018 CLA-2-84:OT:RR:NC:N1:104 CATEGORY: Classification TARIFF NO.:8428.90.0220; 8479.50.0000 Ms. Anna M. Wierzbowska-Fuller A.N. Deringer 173 West Service Road Champlain, NY 12919 RE: The tariff classification of MOVO Beta from Canada Dear Ms. Wierzbowska-Fuller: In your letter dated July 5, 2018, on behalf of your client, Kinova Robotics, you requested a tariff classification ruling. You are importing a mobile manipulator platform, i.e., the MOVO Beta (“MOVO”), which is sold and designed to aid researchers and universities in discovering innovative applications for mobile manipulations. MOVO on its own is not preprogrammed at time of importation to perform any specific functions. The basic MOVO is made up of three main sections: the motion base, the upper torso and the lower torso. The motion base powers MOVO and allows MOVO to move horizontally and senses the presence of obstacles at ground level. The lower torso of MOVO is responsible for allowing MOVO to raise or lower its height. The upper torso is responsible for vision, grasping of objects, and speech based communication. The upper section also consists of 0, 1, or 2 Kinova robotic arms. You state that the MOVO may be imported in the following configurations: 1) the “torso” which is said to consist of the upper and lower torsos together with the motion base, 2) the torso with one or two arms and 3) the torso and arms equipped with end-of-arm tooling, i.e., 1, 2 or 3 finger grippers. MOVO uses open source software and features the following; 1) open high-end software, 2) Ros-Native which includes moveit and gazebo integration, 3) connectivity which includes Ethernet, Wi-Fi, HDMI and USB, 4) Enhanced Navigation which helps MOVO operate right out of the box, 5) Assisted Teleoperation allows MOVO’s sensors to assist in preventing collisions while it is being operated, 6) Map Creation which allows for the creation of maps for autonomous navigation, 7) SLAM which features high performance odometry, sensors and ease of use and 8) cameras, a microphone, radar and speakers. The cameras do not do any recording or capture any still images/photos. In your letter, you propose classifying the goods under subheading 8479.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Industrial robots, not elsewhere specified or included”. The industrial robots of heading 8479, HTSUS, are those which are capable of performing different functions by changing the end-of-arm tooling or which are not preprogrammed/configured for any one specific function at time of importation. Industrial robots without end-of-arm tooling are not designed to perform a specific function. However, the heading excludes industrial robots designed to perform a specific function. The MOVO described in configurations 1 and 2 above, i.e., without end-of-arm tooling, are provided for in heading 8479. The applicable subheading for the MOVO Beta, imported in configurations 1 and 2 described above, will be 8479.50.0000, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Industrial robots, not elsewhere specified or included”. The rate of duty will be 2.5 percent ad valorem. The applicable subheading for the MOVO Beta, imported in configuration 3 described above, will be 8428.90.0220, HTSUS, which provides for “Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics); Other machinery … Industrial robots. 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 the 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 Patricia O’Donnell at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division