CLA-2-84:OT:RR:NC:N1:105
Kathleen Queenan
Sonia Aulakh CHB
665 W North Ave, Suite 104 Lombard, IL 60148
RE: The tariff classification of The Tiny Line Markers from Denmark
Dear Ms. Queenan:
In your letter dated March 3, 2023, on behalf of your client, Tiny Mobile Robots APS, you requested a tariff classification ruling.
The items under consideration are identified as the Tiny Line Marker Sport and the Tiny Line Marker Pro X, which are battery powered paint spraying robots designed to automatically apply paint to sports fields. The robots can paint lines, outline pictures, as well as paint logos, numbers and letters but are unable to fill in large areas. The robots are controlled by a high-precision GPS that outputs a position with an accuracy of 1-2 cm (0.4-0.8 inches). The user’s GPS continuously provides the robot with its updated position by use of an NMEA (National Marine Electronics Association) formatted signal. The supplied tablet is programmed for the specific field or area that needs to be marked.
In operation, the pump draws paint from the reservoir through the hoses and out through the spraying nozzle. The robots start painting by opening a solenoid that allows the paint to go to the nozzle instead of back to the reservoir. The robots are currently limited to painting one color at a time, however, the user can elect to fill the cannister with a different color if interested. The Tiny Line Marker Sport and the Tiny Line Marker Pro X are imported with the robot, empty reservoir, battery, charger, SIM cards and tablet for controlling the robot. The Tiny Line Marker Sport is compact and designed for sports teams. It measures 52 cm wide by 71 cm long by 67 cm high and weighs 25 kg. The Tiny Line Marker Pro X is more robust and versatile and is used by municipalities and professional service providers. It measures 74 cm wide by 92 cm long by 72 cm high and weighs 35 kg.
In your letter, you suggest the Tiny Line Marker Sport and the Tiny Line Marker Pro X be classified in subheading 8433.19.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mowers for lawns, parks, or sports grounds. In your submission, you state that each robot “applies paint to sports fields and for municipalities and professional service providers thru a spray tool…” Spraying paint onto a field is not the equivalent of mowing a field of grass. Therefore, your proposed classification is incorrect.
Accordingly, the applicable subheading for the Tiny Line Marker Sport and the Tiny Line Marker Pro X will be 8424.89.9000, HTSUS, which provides for “Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Other appliances: Other.” The general rate of duty will be 1.8% ad valorem.
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 at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division