H326279

H326279 June 5, 2025 OT:RR:CTF:EMAIN H326279 PF CATEGORY: Classification TARIFF NOS.: 7616.99.51, 7326.90.86, 3926.90.99, 8536.69.80, 7318.15.40, 7318.15.60, 8536.50.90, 4010.39.90, 8483.50.90, 8482.10.50, 7318.22.00, 7318.21.00, 7318.16.00, 4202.12.29, 7604.21.00, 8483.20.80, 4016.99.60, 8482.10.50, 8501.10.40, 8544.42.10, 8536.69.40, 8544.42.90 Center Director Base Metals Center of Excellence and Expertise U.S. Customs and Border Protection 555 Battery Street San Francisco, CA 94111 Attn: Leonardo D. Faye, Import Specialist; Mark C. Marrano, Import Specialist RE: Protest and Application for Further Review No: 4501-21-103251; Classification of Educational Robot Kit Parts Dear Center Director: The following is our decision as to Protest and Application for Further Review No. 4501-21-103251, which was filed on December 16, 2021, on behalf of Robotzone, LLC (“protestant”). The protest pertains to the classification of Educational Robot Kit Parts (“subject merchandise”) under the Harmonized Tariff Schedule of the United States (“HTSUS”). The subject merchandise was entered by protestant between August 24, 2020 and September 3, 2020. U.S. Customs and Border Protection (“CBP”) liquidated the entries between July 23, 2021 and December 31, 2021. On December 16, 2021, protestant filed a protest and AFR regarding the tariff classification of the subject merchandise and claiming that the correct classification of the subject merchandise should be in heading 9023, which provides for “Instruments, apparatus and models, designed for demonstrational purposes (for example, in education or exhibitions), unsuitable for other uses, and parts and accessories thereof.” Our decision takes into account arguments presented during a meeting held on July 25, 2023 and supplemental information received on February 16, 2024. FACTS: On September 17, 2020, CBP issued New York Ruling (“NY”) Ruling N314278 for the classification of educational robot kits parts that were used to make robots for educational robot competitions such as the First Tech Challenge (“FTC”). NY N314278 stated the following: The parts help make up an educational demonstrative robot designed to accomplish a specific task discussed with the students prior to the FTC competitions. During the FTC, competing robots will be tested to ensure the students meet the parameters and the robots accomplish the predetermined task. The goBilda Master FTC Kit is designed by Robotzone LLC for the FTC and is comprised of over 2,000 individual pieces. The first item below is part of the goBilda Master FTC Kit and can also be purchased separately. The remaining items are additional parts that can be purchased separately but work directly with the goBilda Master FTC Kit or similar kits. The first item under consideration is the 1201 Series Quad Block Pattern Mount (SKU #1201-0043-0002), which features an aluminum block with distinct hole design patterns and is considered the staple of the build system. The mount allows for two structural components to be joined together at angles predetermined by the hole positions. The 1201 Series Quad Block Pattern Mount is sourced from China, Taiwan or Singapore. The second item under consideration is the 1310 Series Hyper Hub (SKU #1310-0016-1006), which is an aluminum hub that transmission components such as gears, sprockets, pulleys and wheels can be fastened. The connections are made via screws or clamping mechanisms. By applying pressure on the shaft, the parts are able to rotate as one assembly. The 1310 Series Hyper Hub is produced in China. The third item under consideration is the 1402 Series 2-Side 1-Post Clamping Mount (SKU #1402-0043-0006), which is an aluminum system of clamping mounts designed to precise diameters, allowing them to tighten around a shaft or tube when the screw that passes perpendicular to and through the slotted opening of the bore, is tightened. Threaded holes are located on planes other than that of the bore in order to fasten the mount to a larger structural element. The 1402 Series 2-Side 1-Post Clamping Mount is produced in China. The fourth item under consideration is the 1602 Series 1-Side 2-Post Pillow Block (SKU #1602-0032-0006), which is an aluminum housing with a pre- installed radial bearing. The housing has holes to mount additional components to work with the bearing in a specific position. Typically, students will utilize different driving components such as gears and pulleys with the device. The item is produced in China. The fifth item under consideration is the 3606 Series Mecanum Wheel Set (SKU #3213-3606-0001), which can allow the robot to move similar to other wheeled vehicles. When the Mecanum Wheels are rotated opposite of one 2 another, it causes pressure on the rollers to spin the wheels and generate a sideways movement of the chassis. These wheels are mostly utilized on smooth surfaces. The Mecanum Wheel Set comes with two wheels and is produced in China. CBP found that the five educational robot kit parts were “solely utilized for making robots for educational robot competitions such as the FTC.” CBP further found that the merchandise at issue in NY N314278 were considered proprietary parts to the robot kits and therefore were classified as parts of demonstrational instruments of subheading 9023, HTSUS. The Protestant alleges that the merchandise under consideration in the instant protest are educational robot kits and parts that are used to make robots for educational robot. The protestant also contends that the subject merchandise is the same as the merchandise in NY N314278. There are six entries that are subject to this protest. The first entry, ending in 7141-0, includes a non-flanged ball bearing, ball bearing hub, aluminum bore and tube clamps, stainless steel shims, aluminum U-beam, aluminum L- Channel, Plastic Chain, plastic wheel with rubber tread, steel flat grid bracket and plates, gearmotor board, aluminum flat bracket, steel sockets, zinc plated steel button head screws, plastic spacers, mini snap-action micro switch, micro limit switch, timing belts, belt pulley, aluminum servo plate, and an angle mount. The second entry, ending in 7581-7, includes an aluminum U-channel, aluminum rex shaft, and an aluminum go- Rail and X-Rail. The third entry, ending in 8204-5, includes a ball bearing hub, aluminum spacer, 3613 Series compliant wheel, and pitch track. The fourth entry, ending in 8325-8, includes a steel hole reducer, aluminum spacer, aluminum grid plate, stainless steel screw plate, and a 3613 Series compliant wheel. The fifth entry, ending in 7241-8, includes a gear motor, modern robotics/matrix 12VDC motor, gearbox shaft, connector pack and an adaptor. The sixth entry, ending in 8564-2, includes a deep groove ball bearing. In the supplemental submission of February 15, 2024, Protestant alleges that the SKUs shipped through the six (6) entries of the Protest are parts “specifically designed and manufactured for and are parts for the principal and exclusive use in four (4) different robot kits . . . (1) Cube Collector, (2) Element Explorer, (3) Compact Collector, and (4) Omni-Grip.” A review of the six entries, however, reveals that the parts for the four kits are imported in separate entries. For example, the first entry includes parts for the Cube Collector, Compact Collector, and Omni-Grip Robot Kit while the sixth entry, is made up of only one SKU, 535051, which is a deep groove ball bearing, and according to the Protestant, a part of the Omni-Grip Robot Kit (See Exhibit A – Protest 3 Highlighted SKUs). ISSUE: Whether the subject merchandise is classified in subheading 9023, as parts of demonstrational instruments or whether the subject merchandise is classified elsewhere in the HTSUS? 3 LAW AND ANALYSIS: Initially, we note that the matters protested are protestable under 19 U.S.C. §1514(a) (2) as decisions on classification. The protest was timely filed, within 180 days of liquidation of the first entry. (Miscellane

Initially, we note that the matters protested are protestable under 19 U.S.C. §1514(a) (2) as decisions on classification. The protest was timely filed, within 180 days of liquidation of the first entry. (Miscellaneous Trade and Technical Corrections Act of 2004, Pub.L. 108-429, § 2103(2) (B) (ii), (iii) (codified as amended at 19 U.S.C. § 1514(c) (3) (2006)). Further Review of Protest No. 4501-21-103251 is properly accorded to Protestant pursuant to 19 C.F.R. § 174.24(a) because the decision against which the protest was filed is alleged to be inconsistent with a ruling of the Commissioner of CBP or his designee, or with a decision made by CBP with respect to the same or substantially similar merchandise. Merchandise imported into the United States is classified under the HTSUSA. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (“GRIs”) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation (“AUSRIs”). The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. GRI 2(a) provides the following: Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled