The tariff classification of the Interactive Harp Seal Robot

N047261 January 12, 2009 CLA-2-95:OT:RR:NC:2:224 CATEGORY: Classification TARIFF NO.: 9503.00.0080 Ms. Linda Weinberg Barnes & Thornburg Suite 900 750 17th Street N.W. Washington, D.C. 20006 RE: The tariff classification of the Interactive Harp Seal Robot Dear Ms. Weinberg: In your letter dated December 15, 2008, you requested a tariff classification ruling on behalf of PARO Robots U.S., Inc. A sample of the Interactive Harp Seal Robot, also identified as PARO, was received with your inquiry. The country of origin was unspecified. PARO is an electronically operated full-figured, three-dimensional representation of a white baby harp seal. PARO is covered in a soft artificial fur that simulates the coat of a baby harp seal and measures approximately 23” in length. Also packaged with PARO are two interchangeable pacifier attachments which connect to a power adaptor used to charge the built-in battery. PARO contains sensors for light, audio, positioning, temperature and touch as well as mechanisms which allow it to “express its feelings” by moving its head, flippers and blinking its eyes in response to various stimuli. When PARO speaks, it is the recorded cry of a real baby harp seal. PARO’s interaction with people, both verbal and tactile, helps it to develop a “personality” which can change the way it responds and cries. PARO can learn to behave in a way that the user prefers based upon positive feedback it receives from the user. Furthermore, PARO can also learn its name, recognize words for greeting and praise, feel when it is being gently stroked or patted forcefully and when it is being held by a person. In each case, it will display the appropriate “emotion.” For example, touching PARO’s whiskers moves its head from side to side as if PARO is shy, gently stroking the fur will make PARO happy and coo and if hit it will display angry “emotions.” PARO is sold to hospitals, nursing homes and other extended care facilities for use by autistic children as well as the elderly that are suffering from varying forms of dementia or who are lonely and depressed. Since many of these facilities ban live animals, PARO is a “sanitary” substitute for animal therapy and provides a similar level of interaction with the patients. PARO provides a pleasant diversion and source of enjoyment to these children and adults as they pretend that it is a live animal. PARO also provides the user with manipulative play and amusement with its interactive movements and sounds. The applicable subheading for PARO the Interactive Harp Seal Robot will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof…Other.” 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 http://www.usitc.gov/tata/hts/. The submitted sample is not marked with the country of origin. Therefore, if imported as is, it will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, it would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article." 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 James Forkan at 646-733-3025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division