The tariff classification of an automatic pet food dispenser from China

N257597 October 24, 2014 CLA-2-85:OT:RR:NC:N4:110 CATEGORY: Classification TARIFF NO.: 8509.80.5095 Ms. Julie Vair Expeditors Tradewin, LLC 1015 Third Avenue, 12th Floor Seattle, WA 98104 RE: The tariff classification of an automatic pet food dispenser from China Dear Ms. Vair: In your letter dated September 23, 2014, on behalf of Petnet, you requested a tariff classification ruling. The item under consideration is the SmartFeeder, an automatic pet food dispenser. The SmartFeeder is an electronic food storage and dispensing device. It is constructed of plastic with a stainless steel bowl and has a self-contained electric motor. The unit measures 15.32 inches long by 8.70 inches wide by 15.32 inches deep. The SmartFeeder weighs 3.16 kilograms. The unit has a dual power source: a Micro-USB A/C wall adaptor that is primarily used, and a rechargeable lithium polymer battery pack as a back-up. The food is contained in a sealed hopper above the motor mechanism with sensors to detect the level of food stored. When feeding is requested, the internal feeding mechanism is triggered: A motorized wheel inside the body of the feeder is rotated a certain amount of times in order to release the required amount of food. The SmartFeeder features an intelligent sensor technology that assess the dietary needs of a pet, creating a custom feeding schedule, and alerts pet owners when the pet has been fed; all of these functions are controlled by an on-line phone app. The pet food dispenser allows the pet owner to control the pet’s feeding from the smartphone or laptop, tracking the pet’s calorie intake and sends reminders straight to the owner’s smartphone. The sensors precisely regulate the pet’s food intake and the SmartFeeder’s wireless technology allows the pet owner to stay connected and mange feeding from anywhere via the phone. Food capacity sensors indicate when food is low and reminds the owner to refill. Bowl sensors allow the owner to precisely measure calorie intake and portion size; they are loaded cell sensors (similar to a digital kitchen scale), which sense the weight of food dropped into the bowl. You have proposed classification of the SmartFeeder under subheading 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: other machines and apparatus: other: other: other: other.” Note 4 to Section XVI states that where a machine consists of individual components which are intended to contribute together to a clearly defined function covered by one of the headings in chapter 84 or 85, then the whole falls to be classified in the heading appropriate to that function. The automatic pet food dispenser has both electrical and mechanical components. The SmartFeeder’s weight of less than 20 kilograms and its small size contribute to the defined function of a household appliance, which feeds household pets. The automatic pet dispenser is a domestic appliance of heading 8509, HTSUS. Since the automatic pet food dispenser can be classified elsewhere in Chapter 85, heading 8543, HTSUS, would not be applicable. This determination is consistent with HQ H113636, dated November 7, 2011, which classified automatic pet feeders under heading 8509, HTSUS. The applicable subheading for the SmartFeeder will be subheading 8509.80.5095, HTSUS, which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508, parts thereof: other appliances: other: other. The rate of duty will be 4.2 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 on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Hope Abada at hope.abada@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division