CLA-2-90 :OT:RR:E:NC:N4:405
Eric Friedman
Fitbit, Inc.
870 Market Street, Suite 409 San Francisco, CA 94102
RE: The tariff classification of the Fitbit Tracker from Singapore
Dear Mr. Friedman:
In your letter dated July 14, 2009, you requested a tariff classification ruling.
In your submission you describe the Fitbit Tracker as a wireless digital pedometer. You state “The Fitbit Tracker measures the intensity and duration of the user’s physical activities, calories burned, steps taken, distance traveled, and how long it takes one to fall asleep.”
While the dimensions of the item were not included in your submission, photos show it to be small enough to fit in the palm of one’s hand, and can easily be clipped to one’s belt or pocket. When worn, the Fitbit Tracker automatically tracks your exercise intensity levels, calories burned, sleep quality, steps and distance. Calories, steps, and distance traveled are displayed on a blue Organic LED display on the device. The Fitbit Tracker stores this information and wirelessly transmits it to a base station that is plugged into one’s computer. The information is then uploaded to a personal Fitbit website that allows the user to track their progress towards their personal fitness goals.
The Fitbit Tracker will be shipped in a single consumer package that includes the aforementioned base station, along with a plastic belt holster (for thick belts), and a nylon Sleep Wristband. The Fitbit Tracker needs to be worn on a user’s wrist while they sleep, and thus will be clipped to the wristband during this period.
While you describe the Fitbit Tracker as a pedometer, it is clear that the device does a more than merely count a user’s steps. Per your telephone conversation with NISA Evan Conceicao, the Fitbit Tracker makes use of a three axis accelerometer to record not only a user’s steps, but motion as well. It uses this information to determine how many calories are being burned by the wearer. You suggest HTS 9029.10.8000, which provides for other Revolution counters, production counters, odometers, pedometers, and the like as an appropriate classification. While it is true that there have been rulings issued on devices that record steps, distance, and calories as pedometers (such as New York Ruling Letter M80643, 3/17/2006, and Headquarters Ruling Letter 086765, 7/18/1990), the devices cited in those rulings essentially recorded how many steps a user took, and then provided an estimate of how many calories were burned based on those steps. The Fitbit Tracker does more than this. It uses the built-in accelerometer to track the user’s movement in three dimensions, and attempts to calculate the number of calories burned from this information. For example, a user who uses a hula-hoop while wearing the Fitbit Tracker will have their motion recorded, and thus provide an estimate of how many calories they are burning, even though they are not taking a single step. In this respect the Fitbit Tracker is comparable to the device mentioned in New York Ruling Letter N020062, 12/19/2007, which provides a similar service, albeit for canines.
We consider the Fitbit Tracker to be a composite good in which the measurement of motion provided by the accelerometer is in the last heading that equally merits consideration in supplying the essential character of the device. As was stated above, the Fitbit Tracker is packaged with the base station, the belt clip, and the wristband and they are imported together and sold as a set, thus they should be classified together. In your submission you do state that the individual components may be imported by themselves (as replacement parts), and request a classification for each component individually. The base station for the Fitbit Tracker converts electrical signals from the pedometer into data signals the computer can understand. The base station is powered by the computer, and charges the Tracker when it is physically docked with the base station. The base station is principally and solely used with a computer and meets Note 5c to Chapter 84 as a signal converting unit.
The belt holster is made of a single piece of plastic, and contains a cavity wherein the Fitbit Tracker can be snapped into place. The belt holster allows the user to attach the Fitbit Tracker to thick belts, belts it would not be able to fit around without the use of the holster. The belt clip holster is similar in form and function to the cell phone holders described in Headquarters Ruling Letter HQ965897, November 25, 2002.
The Sleep Wristband is a textile wristband composed of 88% nylon and 12% spandex. It has a hook and loop closure fastener strip, and the Fitbit logo screen-printed on the band. The Fitbit Tracker clips to the wristband is designed to be worn while the user sleeps, enabling the Fitbit Tracker to track the user’s movement and determine when they fall asleep.
The applicable subheading for the Fitbit Tracker (and its components, when imported together) will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7%.
The applicable subheading for the base station, when imported by itself, will be 8471.80.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Automatic data processing machines and units thereof…Other units of automatic data processing machines: Other: Other. The rate of duty will be free.
The applicable subheading for the belt clip, when imported by itself will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.
The applicable subheading for the sleep wristband will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% 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 classification of the base station, contact National Import Specialist Denise Faingar at (646) 733-3010. If you have any questions regarding the classification of the belt clip please contact National Import Specialist Joan Mazzola at (646) 733-3023. If you have any questions regarding the classification of the sleep wristband, please contact National Import Specialist Mitchel Bayer at (646) 733-3102. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division