CLA-2-85:OT:RR:NC:N2:209
William Maloney
Sandler, Travis & Rosenberg, P.A.
551 5th Avenue, Suite 1100
New York, NY 10176
RE: The tariff classification of an electronic wearable fitness tracker from China
Dear Mr. Maloney:
In your letter dated January 31, 2019, you requested a tariff classification ruling on behalf of your client, Garmin, Ltd.
The item concnerned is referred to as the Garmin Forerunner® 645 Wearable Electronic Fitness Tracker. The Forerunner® 645 is a multifunctional electronic wearable device, which pairs its bi-directional open wireless Bluetooth technology with a smartphone, tablet or computer. The primary purpose of the web and mobile applications are storing and displaying longer term activity data and statistics, connecting users to a social community, and providing added value wellness functionality to Forerunner® 645 users. The Forerunner® 645 automatically syncs to Garmin’s proprietary tool to save, plan, share, and connect with the user’s community.
The Forerunner® 645 is worn on a person’s wrist and designed to both manage data and to support personal fitness. The Bluetooth capability is essential to the use and operation of the device because the Forerunner® 645 has limited functionality until it has been paired and properly configured. The radio transceiver enables the Forerunner® 645 to communicate wirelessly with a paired, internet connected mobile device to display, manipulate, and store data via the use of executable wearable apps. Continued synching allows for the full utilization of all product features and, importantly, the social networking connectivity.
Features of the device using wireless connectivity include:
• Garmin Pay™ contactless payment solution that lets the user make convenient payments through the NFC feature.
• Downloadable watch faces, data fields, widgets, workouts, courses and apps.
• Weather Updates.
• Garmin Connect™ Mobile-Automatically sends activity to the mobile app on a connected device.
• Smart Bluetooth Notifications (calls, messages, etc.).
• Music controls.
• Social media updates.
The applicable subheading for the Garmin Forerunner® 645 Wearable Electronic Fitness Tracker will be 8517.62.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The general rate of duty will be Free.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Steven Pollichino at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division