CLA-2-85:OT:RR:NC:N2:220
Chris Wootten
Pitkin Stearns
925 W. Kenyon Ave
Englewood, CO 80110
RE: The tariff classification of a rocking device from China
Dear Mr. Wootten:
In your letter dated December 12, 2023, you requested a tariff classification ruling.
The merchandise under consideration is identified as the Rockit Rocker, which is described as rocking device that is designed to be fastened to a baby stroller, crib, car seat, etc. The Rockit Rocker consists of a plastic enclosure containing two printed circuit board assemblies (PCBAs), a brushed DC electric motor, and rechargeable lithium batteries. You state that the Rockit Rocker has no sound or visual capabilities, and that the 3.7 VDC electric motor has a maximum power output of 1.415 Watts.
In use, the Rockit Rocker is intended to create a rocking motion of the baby stroller/seat to which it is mounted. One internal PCBA controls the function of the motor while the other PCBA controls the charging of the batteries. The motion created by the Rockit Rocker is transferred to the stroller/seat to create the rocking motion.
In your letter, you suggest that the Rockit Rocker is classifiable under subheading 8715.00.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for baby carriages (including strollers) and their parts. As the Rockit Rocker is not a part of a baby stroller, and the requested heading does not include a provision for accessories, subheading 8715.00.00, HTSUS, is not appropriate.
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 Rockit Rocker, the electric motor within the device transforms electrical energy into mechanical power where the byproduct manifests as rocking motion, which in our view, is the function of the device. Consistent with previous rulings, namely HQ H311099 and NY N330191, the Rockit Rocker is accurately described as an electric motor.
The applicable subheading for the Rockit 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].
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 Karl Moosbrugger at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division