CLA-2-84:OT:RR:NC:N1:118
Herbert J. Lynch
Sullivan & Lynch, P.C.
800 Turnpike Street
North Andover, MA 01845
RE: The tariff classification of a Garden Weeding Robot from China.
Dear Mr. Lynch:
In your letter dated July 1, 2020, on behalf of your client, Franklin Robotics Inc., you requested a tariff classification ruling.
The merchandise under consideration is identified as a Tertill™ Model T1 - Garden Weeding Robot. The robot is designed to remove weeds from gardens in two ways. As it moves and turns in the garden, the robot's wheels scrub the soil, which in turn damages weed sprouts and prevents growth. The robot also cuts emerging weeds with a nylon string that is affixed to the bottom of the robot. The string spins rapidly and cuts the weed in place. The weeding robot is battery operated and weighs approximately 5lbs. It is circular in design with an 11.7” diameter and 7.2” in height. The battery is solar powered and the robot also incorporates a supplemental USB charging port.
The weeding robot will be imported in a box along with protective plant collars, a wheel wrench and spare nylon weed whacker strings. In its imported condition, the Tertill™ Model T1 is classified as a "set" pursuant to General Rule of Interpretation (GRI) 3(b). GRI 3(b) states that "goods 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". Although sold in a box with plant collars, a wrench, and spare nylon weed whacker stings, the robot imparts the essential character of the set. Therefore, the set will be classified as if consisting solely of the robot.
The applicable subheading for the Tertill™ Model T1 - Garden Weeding Robot will be 8432.29.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for agricultural, horticultural or forestry machinery for soil preparation or cultivation; lawn or sports ground rollers; parts thereof: …harrows, scarifiers, cultivators, weeders, and hoes: other… cultivators, weeders and hoes: other. The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8432.29.0080, 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 8432.29.0080, 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 Anthony Grossi at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division