CLA-2-85:OT:RR:NC:N4:410
Ms. Jill Williams
J.W. Allen & Company, Inc.
1000 Riverbend
St. Rose, LA 70087
RE: The tariff classification of cleaning machines from China
Dear Ms. Williams:
In your letter dated January 3, 2022, you requested a tariff classification ruling on behalf of Quality wholesale & Supply, Inc. Pictures and product specifications were submitted with your request.
The merchandise is identified as the Ecobot Vacuum 40, Ecobot Scrubber 50, Charging Dock and Workstation.
The Charging Dock and Workstation will be imported separately as optional purchase items, which will be addressed separately in ruling N323738.
Ecobot Vacuum 40 measures 700 mm in length, 570 mm in width, and 850 mm in height, and has a 12 liter dust bag and a 2.5 liter trash can. It contains several electric motors with 1,100 W maximum output power and 560 W suction power. The machine features rotating side brushes, safety sensors and navigation system to achieve the productivity. Ecobot Vacuum 40 also features the ability to switch from autonomous mode to manual mode for touchups and spot cleanings. Ecobot Vacuum 40 is designed for commercial use only.
The Ecobot Scrubber 50 washes and cleans floors in commercial environments such as healthcare facilities, malls, airports, and educational facilities. The scrubber is intended for use only on hard surfaces. It is equipped with a navigation system, cameras, and safety sensors for use in autonomous mode and can switch to manual mode for touch ups and spot cleaning. The scrubber is primarily used on wet floors, and it has a dry mop function. You indicate that there is no vacuum or other mechanical process used when the machine is in dry mode. The Scrubber 50 is intended for use only on hard surfaces. The machine will not work on soft surfaces such as carpet.
In your letter, you proposed that the correct classification of the Ecobot Vacuum 40 should be subheading 8509.80.5095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, parts thereof: other appliances: other: other. We disagree.
Subheading 8509.80.5095, HTSUS, provides for electromechanical domestic appliances…, other than vacuum cleaners of heading 8508. The Ecobot Vacuum 40 is a vacuum cleaner and is designed for commercial use only. As such, classification in heading 8509 is inappropriate.
The applicable subheading for the Ecobot Vacuum 40 will be 8508.11.0000, HTSUS, which provides for “Vacuum cleaners, parts thereof: With a self-contained electric motor: Of a power not exceeding 1,500 W and having a dust bag or other receptacle capacity not exceeding 20 l”. The rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8508.11.0000, 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., 9903.88.03, in addition to subheading 8508.11.0000, HTSUS, listed above.
In your request you suggest that the Ecobot Scrubber 50 should be properly classified in subheading 8479.90.9440, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Parts: Other: Of industrial robots.” We disagree and are of the opinion that the subject merchandise is more specifically provided for elsewhere in the tariff schedule.
The applicable subheading for the Ecobot Scrubber 50 will be 8479.89.6500, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Electromechanical appliances with self-contained electric motor: Other.” The rate of duty will be 2.8 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8479.89.6500, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 8479.89.6500, 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.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
Please note that modifications to the Harmonized Tariff Schedule of the United States (HTSUS) [to align the HTSUS on the 2022 version of the Harmonized Commodity Description and Coding System] pursuant to Section 1206 of the Omnibus Trade and Competitiveness Act of 1988 are forthcoming. These modifications, made by Presidential Proclamation 10326 and set forth in Annexes I, II.A, and II.B of U.S. International Trade Commission Publication 5240, will be effective on January 27, 2022. To the extent that the modifications to the HTSUS impact the classification of the merchandise subject to this ruling, you may submit a new ruling request at that time.
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 Michael Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division