CLA-2 CO:R:C:G 086765 CMS
Dr. Lee Steven Glass
9608 Southeast 40TH Street
Mercer Island, WA 98040
RE: Kenz Calorie Counter; Calorie Counting Device Incorporating A
Pedometer Which Calculates The Calories Consumed By Users
During Periods Of Inactivity And Exercise
Dear Dr. Glass,
This is in response to your request dated March 19, 1990,
for a classification ruling on the Kenz Calorie Counter. Our
ruling follows.
FACTS:
The merchandise consists of a device designated as the "Kenz
Calorie Counter". The device is used to determine the number of
calories the user consumes during periods of inactivity and
exercise. It measures approximately 3" x 2 1/2" x 5/8" and is
designed to be worn on the belt. The device has five buttons for
the input of data regarding the user's sex, age, height and
weight. The unit incorporates a pedometer. From the data
provided by the pedometer in conjunction with the four user data
factors, the device computes the number of calories consumed by
the user. The number of calories consumed is displayed on the
unit's LCD every three seconds during periods of exercise, and
every minute during inactivity.
ISSUE:
Is the merchandise classified in Heading 9029 as
"[r]evolution counters, production counters, taximeters,
odometers, pedometers and the like", or in Heading 9031 as
measuring or checking instruments not specified elsewhere?
-2-
LAW AND ANALYSIS
Heading 9029 in pertinent part describes "[r]evolution
counters, production counters, taximeters, odometers, pedometers
and the like". The merchandise under consideration incorporates
a pedometer. The Explanatory Notes to Heading 9029, p. 1523
describe pedometers as follows: "These instruments have a watch
type mechanism and are used for an approximate measurement of
distances". The merchandise under consideration measures
distance as part of the process of counting the number of
calories consumed, but it does not provide any reading of the
distance travelled and cannot be described as a pedometer.
However, if the non-pedometer functions are described by Heading
9029 then the device might be classified under the heading's
description for "...pedometers and the like" (emphasis added).
The device under consideration counts calories. The
Explanatory Notes to Heading 9029, p. 1521 provide that "[t]his
heading includes...[c]ounters indicating a total number of units
of any kind (revolutions, items, length, etc.)..." (emphasis
added). The Explanatory Notes at p. 1522 provide that Heading
9029 covers devices which count revolutions, items, length, etc.
but give a reading in another form (e.g., revolution counters
which count revolutions but give a reading in the number of
working hours of a machine, and taximeters which measure time and
distance but give a reading in the taxi fare payable). Heading
9029 would similarly cover devices which measure distance
travelled but give a reading in the number of calories consumed.
The Kenz Calorie Counter is described in the Heading 9029
provision for "[r]evolution counters, production counters,
taximeters, odometers pedometers and the like...". The device
is classified in subheading 9029.10.80.
HOLDING:
Kenz Calorie Counter is classified as "[r]evolution
counters, production counters, taximeters, odometers, pedometers
and the like...", other than taximeters, in 9029.10.80, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division