CLA-2-90:OT:RR:NC:N1:105
Mr. Bradley Menard
Fossil Partners
2280 N. Greenville Avenue
Richardson, TX 75082
RE: The tariff classification of Foot Pods from Hong Kong
Dear Mr. Menard:
In your letters dated September 17 and November 14, 2007, you requested a tariff classification ruling. A sample was provided.
In your September 17 letter you proposed classification of the Foot Pod in HTSUS 9029.10.80 as a pedometer. In your November 14 letter, you state, “To categorize the foot pod as a pedometer may not be so accurate.”
However, from the information supplied in the later letter, it is clear that the determination by the built in accelerometers of the foot’s coming to rest with each step is essential to the calculation of distance traveled and (by dividing by time) speed of travel. The method used to determine distance is clearly different from that in the pedometers cited in Harmonized System Explanatory Note A-9 to its 9029. However, the 9029.10 heading includes Pedometers and the like. The information concerning distance and speed will be transmitted via rf from the foot pod in or on the shoe to a cell phone carried by the person exercising.
In your September 17 letter you proposed classification of the Plastic Clips in HTSUS 3926.90.99 as other articles of plastic. However, you confirmed in your later letter that the clip is attached to the foot pod in use and that it will be shipped together with a foot pod. It is clear that a clip will just enable the user to attach the foot pod more easily to the shoe.
You also confirmed that any batteries will be those for the device they are shipped with.
The applicable subheading for the foot pods, plastic clips, and batteries, imported together, will be 9029.10.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, pedometers and the like. The 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 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