CLA-2-90:OT:RR:NC:N4:405
DeeDee DeSmet
Adidas Group
5055 N. Greeley Avenue Portland, OR 97217
RE: The tariff classification of the miCoach Pacer Bundle from Malaysia
Dear Ms. DeSmet:
In your letter dated June 7, 2011, you requested a tariff classification ruling. A sample was provided.
The miCoach Pacer Bundle, identified as Article Q00145, is described as a training system designed to provide real-time coaching for runners. The system consists of three main components, the miCoach Pacer (Article Q00144), the miCoach Heart Rate Monitor with textile strap (Article Q00141), and the miCoach Stride Sensor (Article Q00142). You indicate that the miCoach Pacer Bundle will be imported as a unit, however there will be times when the individual components are imported separately. The miCoach Pacer is designed as a training device to provide real-time information for runners of all ability levels. The Pacer pairs wirelessly with the miCoach Heart Rate Monitor and the Stride Sensor and gathers performance data from those devices. The Pacer processes this data and, taking into account the user’s heart rate, stride rate, speed, and total distance travelled, provided by the measuring devices, issues audible recommendations to speed up or slow down to the user, based on the parameters of the selected workout. The recommendations can be heard via headphones, and the Pacer can work in tandem with a separate mp3 player (the Pacer itself does not play any mp3s, but can be connected to an mp3 player through the player’s headphone jack, allowing it to interrupt that player’s music only when the Pacer’s voice is “speaking”). The Pacer can also audibly give the user current readings on the elapsed time, calories burned, heart rate, distance, and stride rate for a workout in progress. The Pacer is capable of saving workout data (up to ten hours worth) which can then be transferred to a computer by means of a USB cable.
The miCoach Heart Rate Monitor with textile strap is designed to determine the heart rate of a user and deliver that information wirelessly to the miCoach Pacer. The Heart Rate Monitor itself is a small electronic device that can be affixed to an accompanying textile strap, or separately purchased Adidas heart rate sensing apparel (which appear to be similar in function to the articles described in Headquarters Ruling Letter H061737, dated November 16, 2009). The textile strap contains electrodes that will be worn against the user’s skin, and the signals from those electrodes are received by the Heart Rate Monitor when it is attached to the strap. When the two components are combined they form an apparatus similar to the Adidas Chest Strap described in New York Ruling Letter N017407, dated October 10, 2007.
The miCoach Stride Sensor is an electronic device incorporating an accelerometer that is designed to accurately measure the speed, distance, pace, and stride of a user. The device is designed to be affixed to a user’s shoe by means of a lace clip. When in use the Stride Sensor measures the motion of a user’s foot in three dimensions, taking over 100 samples per second, and then wirelessly transmits that data to the miCoach Pacer. You indicate that the sensor is capable of identifying stride features, such as gait change and the variable length of each stride. The Pacer utilizes this information to calculate speed, distance, calories burned, etc. The Stride Sensor operates in a manner similar to that of the Fitbit Tracker, covered in New York Ruling Letter N068636, dated August 12, 2009.
When all of the components are imported together as the miCoach Pacer Bundle (which also includes a USB cable, headphones, and an mp3 connector cord), the system forms an interrelated unit. When the individual parts of the miCoach system are imported separately, they will be classified based on their function, per se, in accordance with Notes 1 and 2 to Chapter 90. As a result, the miCoach Heart Rate Monitor will be classified in Heading 9029 and the miCoach Stride Sensor will be classified in Heading 9031. The miCoach Pacer, which is designed to work in conjunction with the Heart Rate Monitor and Stride Sensor, is not an article that would be considered a part “suitable for use” with instruments or apparatus of only one heading of Chapter 90. Consequently, the miCoach Pacer will be classified in Heading 9033, in accordance with Note 2(c) to Chapter 90. It is not, in itself, a measuring or checking instrument, appliance, or machine, so classification in HTSUS 9031.80.80, which you propose, does not apply.
The applicable subheading for the miCoach Pacer Bundle 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 HTSUS Chapter 90. The rate of duty will be 1.7%.
The applicable subheading for the miCoach Pacer (when imported separately) will be 9033.00.0000, HTSUS, which provides for Parts and accessories (not specified or included elsewhere in this chapter) for machines, appliances, instruments or apparatus of chapter 90. The rate of duty will be 4.4%.
The applicable subheading for the miCoach Heart Rate Monitor (when imported separately) will be 9029.20.4080, HTSUS, which provides for "other" speedometers and tachometers. The rate of duty will be free.
The applicable subheading for the miCoach Stride Sensor (when imported separately) 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 HTSUS Chapter 90. The rate of duty will be 1.7%.
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 ruling, contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division