CLA-2-85:OT:RR:NC:N2:220
Stale Flataker
Babliss AS
Ralph Tambsvei 10b
Asker, 1384
Norway
RE: The tariff classification of a rocking device from China
Dear Mr. Flataker:
In your letter dated January 10, 2023, you requested a tariff classification ruling.
The merchandise under consideration is identified as the Sleepytroll Baby Rocker, Model STL001, which is described as rocking device that is designed to be fastened to a baby stroller, crib, car seat, etc. The Sleepytroll Baby Rocker consists of a plastic enclosure containing a printed circuit board assembly (PCBA), a DC electric motor having an asymmetrical weight permanently attached to the output shaft, and a bearing. On the outer enclosure are three control buttons and a battery indicator. You state that the electric motor is a 12 VDC brushed motor and has a maximum power output of 2.28 Watts.
In use, the Sleepytroll Baby Rocker, which can operate manually for a selected time period before it shuts off or can be programmed to start automatically, is intended to create a rocking motion of the baby stroller/seat to which it is mounted. The internal PCBA controls the function of the motor while also detecting movement and/or sound from the infant, where a rocking cycle can be initiated including the rocking strength. The motion created by the asymmetrical weight, as it is rotating on the motor’s shaft, is transferred to the stroller/seat to create the rocking motion. We would note that the Sleepytroll Baby Rocker does not incorporate any sound or visual effects.
In your submission, you suggest that the classification for the Sleepytroll Baby Rocker should be subheading 8543.70, Harmonized Tariff Schedule of the United States (HTSUS). We disagree.
The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System represent the official interpretation of the tariff at the international level and facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and the GRIs. The ENs for heading 85.01 state, in pertinent part:
(A) Rotary motors produce mechanical power in the form of a rotary motion. They are of many types and sizes according to whether they operate on DC or AC, and according to the use or purpose for which they are designed.
Regarding the Sleepytroll Baby Rocker, the electric motor within the device drives the weight around the shaft in a rotary motion to create imbalanced movement. As the motor transforms electrical energy into mechanical power, where the byproduct of this motion is the physical rocking movement of the device, the Sleepytroll Baby Rocker is accurately described as an electric motor and subheading 8543.70, HTSUS is not appropriate.
The applicable subheading for the Sleepytroll Baby Rocker will be 8501.10.4060, HTSUS, which provides for “ Electrical motors and generators (excluding generating sets): Motors of an output not exceeding 37.5 W: Of under 18.6 W: Other: DC: Other.” The general rate of duty will be 4.4%.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8501.10.4060, 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., 9903.88.01, in addition to subheading 8501.10.4060, 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, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at the following addresses:
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions https://www.cbp.gov/trade/remedies/301-certain-products-china
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.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division