The tariff classification of a remote controlled spraying robot from China

N311428 May 12, 2020 CLA-2-84:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 8424.89.9000: 9903.88.02 Jia Lixin Emu Business Strategies, LLC 5928 Stone Meadow Dr. Plano, Texas 75093 RE: The tariff classification of a remote controlled spraying robot from China Dear Ms. Lixin: In your letter dated April 24, 2020, on behalf of your client, Shijiazhuang Yipuluo Intelligent Technology Co., Ltd., you requested a tariff classification ruling. The item under consideration is the DisinfectBot, which is a remote controlled machine used for spraying disinfectant over a large area at a safe distance. The device consists of a moving body with nozzles for spraying and a remote control used to operate the moving body. Rechargeable lithium batteries power both the body and the remote control. The spray body has six nozzles that can spray disinfectant covering 10,000 square meters or 107,000 square feet per hour. The remote control uses either Bluetooth or RF in range within 100 meters. The moving spraying body measures 49.2 inches x 33.8 inches x 21.6 inches. The retail box consists of the DisinfectBot moving body, charger, remote controller, installation tools, spare spray head, spare gasket for leaking, instruction manual and warranty card. General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), states in part that for legal purposes, classification shall be determined according to the terms of the headings, any relative section or chapter notes and, unless otherwise required, according to the remaining GRI’s taken in order. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS. GRI 3(a) states in part that when two or more headings each refer to a part of the item in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the goods. The DisinfectBot, consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (i.e., spraying chemicals). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the item in question is within the term "goods put up in sets for retail sale." GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component that gives them their essential character. The factor or factors which determine essential character varies with the goods under consideration. Explanatory Note Rule 3(b)(VIII) lists factors such as the nature of the material or component, their bulk, quantity, weight or value and the role of a constituent material in relation to the use of the good. In considering all of these factors we have concluded that GRI 3(b) applies based upon the DisinfectBot’s essential character, which is the moving body used to spray disinfectant. The applicable subheading for the DisinfectBot will be 8424.89.9000, HTSUS, which provides for “Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Other appliances: Other.” The general rate of duty will be 1.8 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8424.89.9000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8424.89.9000, HTSUS, listed above.   The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 Jason Christie at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division