N323959

N323959 February 4, 2022 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073 Mr. Joseph J. Kenny Geodis USA Inc. One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of a Wireless Quadcopter with Wi-Fi Camera from China Dear Mr. Kenny: In your letter dated January 25, 2022, you requested a tariff classification ruling on behalf of your client, CVS Pharmacy Inc. Photographs were submitted in lieu of a sample. The product at issue is identified as CVS item 902411, Wireless Quadcopter with Wi-Fi Camera. The Quadcopter is a helicopter-like remote controlled (RC) vehicle with four rotor blades at the four corners of the unit which allow it to hover and fly. The X - shaped frame measures 11 inches by 11 inches by 3.5 inches and the blades are about 4 inches in length. The Wi-Fi Quadcopter is imported with a detachable 0.3-megapixel digital camera, a remote controller, an adjustable smart phone mount, spare blades, a USB charger, a rechargeable battery, a user guide, and all the necessary tools to set up the product for use. According to the information submitted with your request, the battery provides approximately 6-8 minutes of flying time, and the Quadcopter has a flying range of 200 feet. Unlike a traditional RC vehicle, the Quadcopter can be controlled with the included battery powered remote controller, or with a smart phone using Wi-Fi signals and a downloadable app. The app initiates an interface on the smart phone which provides virtual joystick/buttons that allow the user to control the movements of the Quadcopter with the smart phone or by using the remote controller, while the Quadcopter streams live visuals directly onto the smart phone. Although the Quadcopter may also be controlled by smart phone and provides additional features not capable with the use of the traditional remote, it operates like any other remote controlled toy vehicle and provides similar amusement. It is of the same class or kind as other RC vehicles and it is principally designed for amusement purposes for children and adults, 12 years of age and up. In your request you question whether this product would be classifiable in heading 8802, Harmonized Tariff Schedule of the United States (HTSUS), now heading 8806 in HTSUS 2022. However, upon review of the product specifications and details provided, we are of the opinion that this product does not possess the qualities necessary to be considered an “aircraft” of 8806. While the Quadcopter may be used with the removable digital camera and can take video/still photographs, when used in conjunction with a smart phone, it is not of the type that would be used for “aerial photography” or search and rescue type endeavors. It is our opinion that this quadcopter is not an aircraft of heading 8806, HTSUS, for classification purposes. The applicable subheading for CVS item 902411, the Wireless Quadcopter with Wi-Fi Camera will be 9503.00.0073, HTSUS, which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” The rate of duty will be Free. 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 Roseanne Murphy at roseanne.j.murphy@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division