Ms. Christina Ayoub
28446 Franklin Road
Southfield MI 48034
RE: The tariff classification of the AR.Drone Quadricopter from China
Dear Ms. Ayoub:
In your letter dated June 3, 2010, you requested a tariff classification ruling.
A sample of the AR.Drone Quadricopter, along with supporting documentation, was submitted with your inquiry. The quadricopter, which measures approximately 21” in length x 20” in width, is a helicopter-like remote controlled (RC) vehicle that has four motorized rotors which allows it to hover and fly. The item is imported with an indoor hull, which protects the rotors, an outdoor hull without protection, target attachment, carton tags, rechargeable lithium polymer battery, charger with three plug adapters and is packaged in a cardboard box. The battery provides approximately 15 minutes of flying time and a range of 20 feet. The quadricopter and hulls are constructed of carbon fiber and high resistance PA66 plastic allowing it to weight under one pound.
Unlike a traditional RC vehicle, the quadricopter can only be controlled by either the iPhone or iTouch through the use of Wi-Fi signals and a downloadable “App” from the iTunes store. The App initiates an interface on the iPhone or iTouch which provides virtual joystick/buttons that, along with tilting the iPhone or iTouch, controls the horizontal and vertical movements of the quadricopter. The quadricopter also incorporates two built-in cameras which transmit streaming video images to the iPhone or iTouch allowing for even more precise guidance. Information provided also states that additional Apps will be created that convert specific designs found on the carton tags and insert them into the video seen on the iPhone or iTouch to create an “augmented reality” and even battle other AR.Drone users for a video game-like feel.
While the AR.Drone Quadricopter is controlled by the iPhone or iTouch and provides additional features not capable with the use of traditional remotes, it operates like any other remote controlled toy vehicle and provides similar amusement. It is of the same class or kind as other RC vehicles and it is principally designed for amusement purposes for children and adults, 14 years of age and up.
The applicable subheading for the AR.Drone Quadricopter will be 9503.00.0080, 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 http://www.usitc.gov/tata/hts/.
The submitted sample is not marked with the country of origin. Therefore, if imported as is, the AR.Drone Quadricopter will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the item would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article." Please ensure that these requirements are satisfied.
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 (646) 733-3025.
Robert B. Swierupski
National Commodity Specialist Division