CLA-2 CO:R:C:F 951179 ALS
Ms. Joy Arnott
EXMAC Products
P.O. Box 6219
Upper Mt. Gravatt
Q 4122, Australia
RE: Lightweight and Portable Manually Operated Exercise Device
Which Exercises the Lower Extremities of Persons While in a
Seated Position
Dear Ms. Arnott:
This is in reference to your letter of February 12, 1992,
requesting a classification ruling on a manually operated device,
known of the Exmac Easy Exerciser, which is said to exercise the
lower limbs and massage the soles of the feet.
FACTS:
The article under consideration consists of a spring
operated rectangular bar mounted on square platform. The
rectangular bar with a footrest at its ends, each containing 9
balls, which are designed, according to advertising literature,
to massage the soles of the feet. The device is manually
operated with the legs by the alternate flexing of the legs in a
rhythmical twisting motion. Advertising literature states that
the device is designed for the desk-bound office worker, post-
operative patients, and the partially mobile and other
individuals confined to a sedentary lifestyle. Such literature
states that the device is designed to exercise the lower body and
massages the soles of the feet.
- 2 -
ISSUE:
What is the tariff classification of a device designed to
exercise the lower limbs and massage the feet of persons while
sitting?
LAW AND ANALYSIS:
Classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) is governed by the General Rules
of Interpretation (GRI's). GRI 1 provides that classification is
determined first in accordance with the terms of the headings and
relevant 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 GRI's are applied taken in order.
Advertising literature and testimonials have been submitted
with the ruling request. The literature makes various claims as
to the benefits to be received by exercising with the device.
The testimonials, some stating that the source thereof conducted
a preliminary evaluation of the product, indicate that there
might be some physiological benefit achieved from exercising with
the device. There is also some casual mention that the massaging
capabilities of the article aid the body in the process of
healing.
While we are unable to confirm the veracity of the various
statements in the documents submitted with the ruling request, it
appears that the primary purpose of the article is to produce
various physiological benefits to the user through exercise. The
exerciser provides such benefit while the user is in a seated
position. We, therefore, believe that the article should be
considered an exercise device similar to other devices which
might be used in the home or in a gymnasium to maintain good
physical condition.
HOLDING:
A lightweight manually operated exercise device designed to
be used by persons for exercising while in a seated position is
classifiable under subheading 9506.91.0030, HTSUSA, as other
gymnasium or other exercise equipment. Such article would be
subject to general rate of duty of 4.6 percent ad valorem.
Since the advertising literature and documentation submitted
with the ruling request indicate that individuals might
experience certain physical benefits through the use of the - 3 -
article, the article might be considered a medical device subject
to approval by the U.S. Food and Drug Administration (FDA).
Information as to the applicable regulations administered by the
FDA may be addressed to that Agency at the following location:
U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, D.C. 20204
Sincerely,
John Durant, Director
Commercial Rulings Division