Mr. Michael Norman
Evollve Inc.
129 W. Torrance Blvd.
Redondo Beach, CA 90277

RE: The tariff classification of the “Ozobot” from China

Dear Mr. Norman:

In your letter dated October 2, 2014, you requested a tariff classification ruling.

A sample of the “Ozobot,” item number OZO-010101-01, was submitted with your inquiry. The Ozobot is a miniature motorized robot that measures approximately one-inch tall. Also imported with the Ozobot is an “OzoSkin” which is a soft plastic cover that is designed to slip over the Ozobot for aesthetics and protection, a micro USB cable that attaches to any computer for charging (no data is interchanged), a storage/carrying pod and four mini-track cards and instructions. A double pack of Ozobots will also be available.

Beneath the transparent dome, which makes up the top of the Ozobot, is a multicolor Light Emitting Diode that provides visual feedback during operation and provides a view of the robot’s circuitry and wheels. The Ozobot incorporates dual micro-motors that provide variable speeds at which the Ozobot can travel. The Ozobot contains optical sensors underneath it which allows it to follow and detect lines and specific color-coded instructions/commands on both physical and digital surfaces. The Ozobot is pre-programmed to perform only certain tasks which cannot be altered or modified.

The Ozobot can be played with using the enclosed mini-track cards or one can draw their own lines with markers on a separate paper using the specific color-coded command designs which control the movement and speed of the Ozobot. The Ozobot can also be operated on the digital surfaces of both an iPad and Android tablet using the Ozobot app, enabling the user to play certain activities such as mazes and games.

In your request, you suggested classification under heading 9504 as a game. While the Ozobot is referred to as a “fun robotic game piece” in the literature you provided, the item does not belong to a game of heading 9504 nor is it a game in and of itself. Any games that are played with the Ozobot are contained within the app/digital device which is neither imported with the Ozobot nor classifiable in heading 9504.

Even though the Ozobot can be used in conjunction with a tablet, there is nothing that would prevent the Ozobot from being used for frivolous amusement purposes. Similar to the article in NY N222060, dated June 27, 2012, the Ozobot can be used independently from such devices. The Ozobot can just as likely be used on physical surfaces by creating hand-drawn or printed mazes/lines incorporating the various specific color-coded commands or race other Ozobots for amusement purposes. Thus, the app is not required to operate the Ozobot. In this office’s opinion, the Ozobot is most likely to be used as a source of amusement and fun.

The applicable subheading for the “Ozobot” will be 9503.00.0090, 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…Other.” 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

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].


Gwenn Klein Kirschner
National Commodity Specialist Division