The tariff classification of a Somnox Sleep Robot from the Netherlands

N302026 February 13, 2019 CLA-2-90:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Mr. Wouter Kooyman van Guldener Somnox B.V. Molengraaffsingel 12 Delft 2629JD Netherlands RE: The tariff classification of a Somnox Sleep Robot from the Netherlands Dear Mr. Kooyman van Guldener: In your letter dated November 30, 2018, you requested a tariff classification ruling. Submitted sample of the Somnox Sleep Robot will be returned to you as per your request. The Somnox Sleep Robot is a device designed to reduce stress by utilizing various relaxation techniques, i.e., guided breathing and music. It possesses the capability of being linked to the user’s smartphone. Use of these techniques is said to “transition the body into a relaxed state of sleep”. The various internal components are housed in a hard outer shell, wrapped in foam and covered by a fabric referred to as ticking. Components include: an air pocket used to simulate the breathing rhythm, an airpump to inflate the airpocket, the main controller (containing such items as a processor, audio amplifier, accelerometer, CO2 sensor and power regulator), a SD card to store music, information and settings and a multicolor LED used to indicate the breathing rhythm. By placing his or her hand on this pillow-like device, the user is said to be able to feel and synchronize with the device’s breathing rhythm (i.e., expansion and shrinkage). The user is said to relax as the device’s breathing slows. The Somnox Sleep Robot is capable of monitoring (with consent) the user’s breathing rhythm and sleep pattern using the integrated sensors. While the device measures the user’s sleep during the night, the results are not sent to the user’s smartphone until morning. You have also submitted a copy of a Binding Tariff Information (“BTI”) decision issued by the Dutch Customs Administration. Please note that HQ 965325 dated January 16, 2002 contains the following: As stated in T.D. 89-80, published in the Federal Register on August 23, 1989 (54 FR 35127), classification rulings from other Customs administrations on like merchandise are instructive only and are not binding on the United States. Nevertheless, such rulings are indicative of a classification we may wish to consider during our own rulings process.  Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs) taken in order. GRI 1 provides that classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. If GRI 1 fails to classify the goods and, if the heading and legal notes do not otherwise require, the remaining GRIs are applied, taken in order. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS. GRI 3(a) provides that a composite article such as the Somnox Sleep Robot is to be classified in the heading that provides the most specific description. Since the Somnox Sleep Robot contains components that are equally specific, the Somnox Sleep Robot cannot be classified under GRI 3(a). Accordingly, we must next consider the classification of the item under GRI 3(b). Goods classifiable under GRI 3(b) are classified as if they consisted of the component that gives them their essential character, which may be determined by the nature of the component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article.After considering all of these factors, this office has concluded that no one component gives the Somnox Sleep Robot its essential character. Inasmuch as no essential character can be determined, GRI 3(b) does not apply. GRI 3(c) states that, if neither GRI 3(a) nor GRI 3(b) applies, merchandise shall be classified in the heading which occurs last in numerical order among those which equally merit consideration. In this instance, the Somnox Sleep Robot is classified in the heading which occurs last in numerical order among those equally meriting consideration, i.e., heading 9031, HTSUS. In accordance with GRI 3(c), the applicable subheading for the Somnox Sleep Robot, as described above, will be 9031.80.8085, HTSUS, which provides for “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other … Other”. The rate of duty will be 0.4 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 the 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 Patricia O’Donnell at patricia.k.odonnell@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division