CLA-2-84:OT:RR:NC:N1:104
Rick Van Arnam
Barnes, Richardson & Colburn, LLP
100 William Street, Suite 305 New York, NY 10038
RE: The tariff classification of a drilling robot from Austria
Dear Mr. Van Arnam:
In your letter dated February 26, 2024, on behalf of your client, Hilti, Inc., you requested a tariff classification ruling.
The Hilti Jaibot is a mobile robotic system for semi-autonomously drilling anchor holes in concrete ceilings or walls at construction sites. It is comprised of an articulated robotic arm that is mounted atop a tracked chassis or main body. As imported, the system includes end-of-arm tooling in the form of a standard hand-held rotary hammer drill which attaches mechanically to the robotic arm using a bracket type mount. The system also features a drill-hole paint marking spray device, which is attached magnetically to the drill's mounting bracket. The Jaibot measures 3 feet wide by 5 feet tall. Its robotic arm can be raised and lowered using the unit's arm lift system, allowing it to reach and operate on overhead slabs.
The Jaibot system also includes a digital automated construction layout tool (referred to as PLT 300), plus a handheld tablet layout tool controller, both of which are stand-alone articles. The Jaibot will be imported with its own special container, which acts as a charging station and secure storage when not in use. The system uses BIM (building information modeling) software, enabling the robot to use digital plans to quickly locate specific drill-hole sites and avoid drilling errors.
In operation, a worker using the tablet drives the Jaibot to the drilling location at the construction site. The operator removes the digital layout system tool from the Jaibot and sets up the auto leveling and auto-stationing features. The Jaibot receives and sends information in real time from and to the digital layout system, to the operator, and to the cloud. The layout tool tracks a cylindrical prism on the Jaibot arm so that the system knows where the drill bit is. Once in position, the operator raises the Jaibot's arm to the correct height and prompts the machine to begin. The Jaibot will drill a hole, then mark with spray paint all of the anchor locations within reach of its arm as marked by the BIM data.
The Jaibot's arm is equipped with a dust removal and on-board vacuum system to capture dust caused by the drilling. The unit's body can also hold additional items such as drill bits, dust bags, consumables, or a spare drill. The Jaibot is cordless and operates on an eight-hour charge and has an electric motor that powers its arm.
In your letter, you propose classifying the goods under subheading 8479.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Industrial robots, not elsewhere specified or included. We disagree.
Industrial robots of heading 8479, HTSUS, are those which are capable of performing different functions by changing the end-of-arm tooling or which are not pre-programmed or configured for any one specific function at time of importation. The Explanatory Notes (ENs) to heading 8479 state Industrial robots are automatic machines which can be programmed to carry out repeatedly a cycle of movements. By the use of sensors, industrial robots are able to acquire information about the field in which they operate and to analyze the information thus obtained to be able to adapt their pattern of activity to variations in their field of operation. The ENs also provide that the heading covers only industrial robots capable of performing a variety of functions simply by using different tools. However, the heading excludes those industrial robots specifically designed to perform a specific function; these industrial robots are classified in the heading covering their function.
On its website and in its brochures, Hilti refers to and promotes the Jaibot as a drilling robot with enhanced or supplemental features including vacuuming and paint marking. Video links supplied by Hilti plainly state that the Jaibot is designed and programmed for overhead drilling, i.e., a specific function. As imported the Jaibot does not perform a variety of functions by changing its end-of arm tooling, i.e., by using different, interchangeable tools. The drill hole marking device attaches to the hammer drill's end effector's bracket but is not swappable with the drill tool. Therefore, the Jaibot is excluded from classification in subheading 8479.50.
The Jaibot is a composite machine, performing three complementary functions, i.e. drilling, paint marking, and vacuuming. Pursuant to Note 3 to Section XVI, such composite machines will be classified as if consisting only of that component or being that machine which performs the principal function. The principal function of the Jaibot is drilling anchor holes in concrete ceilings and walls.
As no other tariff heading specifically includes machines of this type, the applicable subheading for the Jaibot as imported will be 8479.89.9599, HTSUS, which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other. The rate of duty will be 2.5 percent 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.
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 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 Arthur Purcell at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division