CLA-2-84:OT:RR:NC:N1:104
Ms. Anna M. Wierzbowska-Fuller
A.N. Deringer Inc.
173 West Services Road
Champlain, NY 12919
RE: The tariff classification of an Assistive Robotic Arm from Canada
Dear Ms. Wierzbowska-Fuller:
In your letter dated March 27, 2018, on behalf of your client, Kinova Robotics Inc., you requested a tariff classification ruling.
The Assistive JACO 2 Robotic Arm is available in two versions, i.e., the two finger grip model and the three finger grip model. The Assistive JACO arm is a light-weight robot composed of six inter-linked segments. The robotic arm is specifically designed as an aid to assist handicapped persons who have lost arm function. The features of the Assistive JACO 2, both the two finger grip and the three finger grip models, are 1) 14 movements total except in the three finger grip which has 16 movements, 2) carbon fiber structure, 3) lightweight, 4) weather resistant, 5) reach the floor with standard wheelchair installation gripper, 6) option for 2 or 3 fingers, 7) high friction rubber pads for grasping objects, 8) optimized for activities of daily living, 9) flexible fingers, 10) adapt to shape and size, and 11) current sensors and limitation.
Both models of the robot arm are made of carbon fiber for the links and aluminum for the actuators. With the use of a computer or a controller, the robotic arm can be manipulated to grasp or release objects with the gripper. The robotic arm acts as a prosthesis for users who (1) lost arm function, (2) have upper mobility impairments, (3) have little or no use of their arms and hands and (4) depend on a powered wheelchair. The Assistive JACO arm is mounted to the side of a power wheelchair seat frame and operates using the same control system that operates the wheelchair. The power for the robotic arm comes directly from the wheelchair batteries without affecting the range.
In your letter, you propose classification in subheading 9021.39.0000, the Harmonized Tariff Schedule of the United States (“HTSUS”), which provides for other artificial parts of the body. We disagree. The assistive robotic arms are designed to be mounted to wheelchairs or other objects. They are not implanted or integrated into a human to wholly or partially replace a defective part of the body. Therefore, they are not an artificial part of the body within the meaning of heading 9021, HTSUS.
The applicable subheading for the Assistive JACO2 Robotic Arms, both the two and the three finger grip models, will be 8428.90.0220, HTSUS, which provides for “Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics); Other machinery … Industrial robots. The rate of duty will be free.
In your letter, you also requested consideration of the instant product under the Nairobi Protocol. You state that the product at issue is specially designed or adapted for the handicapped within the meaning of the Nairobi Protocol, and therefore, eligible for treatment under subheading 9817.00.96, HTSUS.
Section 1121 of the Omnibus Trade and Competitiveness Act of 1988 (Pub. L. No. 100-418, 102 Stat. 1107) and Presidential Proclamation 5978 implemented the Nairobi Protocol by inserting permanent provisions, i.e., subheadings 9817.00.92, 9817.00.94, and 9817.00.96, into the HTSUS. These tariff provisions specifically provide for "… articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons". Notes in subchapter XVII of Chapter 98 of the HTSUS define the terms “blind or other physically or mentally handicapped persons” and limit the classification of certain products under subheadings 9817.00.92, 9817.00.94, and 9817.00.96 U.S. Note 4(a), subchapter XVII, Chapter 98, HTSUS, defines the term “blind or other physically or mentally handicapped persons” as “any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working." U.S. Note 4(b), subchapter XVII, Chapter 98, HTSUS excludes four categories of goods from subheadings 9817.00.92, 9817.00.94, and 9817.00.96: (1) articles for acute or transient disability; (2) spectacles, dentures, and cosmetic articles for individuals not substantially disabled; (3) therapeutic and diagnostic articles; and (4) medicine or drugs. Whether a product is “specially designed or adapted for the use or benefit” of the handicapped is determined on a case-by-case basis. The primary issue here is whether the article is specially designed or adapted for the “use or benefit of the handicapped” within the meaning of Nairobi Protocol. In this instance, the use of these specific robotic arms by the general public is unlikely. In this office’s opinion, the Assistive JACO2 Robotic Arms qualify for treatment under subheading 9817.00.96, HTSUS, provided all applicable entry requirements are met.
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 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 Patricia O’Donnell at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division