In ruling NY N311428, Customs and Border Protection (CBP) discussed the classification of the DisinfectBot, which is a remote controlled machine used for spraying disinfectant over a large area at a safe distance. The device consists of a moving body with nozzles for spraying and a remote control used to operate the moving body. Rechargeable lithium batteries power both the body and the remote control. The spray body has six nozzles that can spray disinfectant covering 10,000 square meters or 107,000 square feet per hour. The remote control uses either Bluetooth or RF in range within 100 meters. The moving spraying body measures 49.2 inches x 33.8 inches x 21.6 inches. The retail box consists of the DisinfectBot moving body, charger, remote controller, installation tools, spare spray head, spare gasket for leaking, instruction manual and warranty card.

CBP determined the applicable subheading for the DisinfectBot is 8424.89.9000, HTSUS, which provides for “Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Other appliances: Other.” The general rate of duty will be 1.8% ad valorem.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8424.89.9000, HTSUS, unless specifically excluded, are subject to an additional 25% ad valorem rate of duty. At the time of importation, the Chapter 99 subheading, 9903.88.02, in addition to subheading 8424.89.9000, HTSUS, must be reported.

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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

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