CLA-2-90:OT:RR:NC:N1:405
Sheri Creech
Fossil Partners LP
10615 Sanden Drive
Dallas, TX 75238
RE: The tariff classification of fitness tracker accessories from China, Vietnam, and Korea
Dear Ms. Creech:
In your letter dated July 29, 2016, you requested a tariff classification ruling. Samples were provided.
Your submission describes four accessories intended for use with the MisFit and Speedo Shine fitness trackers. The Shine, which is not covered by your request, is a disk-shaped fitness tracker that tracks a user’s movement by way of an integrated 3-axis accelerometer (much like the activity trackers covered in New York Ruling Letter N209995, dated March 30, 2012). The accessories at issue consist of a metal mesh band, a leather band, and a polyurethane plastic sports band, as well as a plastic covered magnetic clasp. You indicate that the bands and clasp will be imported separately from the Shine.
The metal mesh band and the leather band both resemble watch bands, with an open space within the bezel sized to fit the Shine. The polyurethane plastic sports band is an adjustable plastic band that incorporates a ring-shaped element and a plastic clasp shaped to secure the Shine. All three bands are specially designed to enable a user to wear the Shine on their wrist, allowing the device to track said user’s movement and activity throughout the day. The plastic covered magnetic clasp features an open ring connected to a small magnet by a strip of plastic. The ring is sized to house the Shine device, and the magnet adheres to the back of the Shine when it is installed in the ring. The clasp is used to affix the Shine device to an article of clothing.
Per the samples provided, both the leather band and the metal mesh band resemble watch bands. However, the Shine devices with which they are intended to be used do not have the ability to display the time of day, as would a normal watch. As a result, the articles would not be considered watch bands for classification purposes.
Legal Note 9, parts (a) and (b), to Chapter 71 of the Harmonized Tariff Schedule of the United States (HTSUS) provides meaning to the term “articles of jewelry” of heading 7113, HTSUS. In association with Legal Note 9 (a) to Chapter 71, HTSUS, Legal Note 11, HTSUS, defines the term “imitation jewelry” to include any small object of personal adornment (for example, rings, bracelets, necklaces, brooches, earrings, watch chains, fobs, pendants, tie pins, cuff links, dress studs, religious or other medals and insignia). Unlike the goods of New York Ruling Letter N256902, dated September 25, 2014, where the bracelet and necklace imported without their “Fitbit trackers” were designed to be worn for personal adornment, the merchandise concerned cannot be considered worn principally for adornment at time of import into the United States, because the bands are devoid of the ornamentation necessary to fall within the class or kind of goods known as jewelry bracelets. Moreover, there is no intent to ornament the bands to be worn as small objects of personal adornment. Consequently, the merchandise concerned is not classifiable within the imitation jewelry provision of heading 7117, HTSUS.
The metal band, leather band, sports band, and magnetic clasp are designed solely for use with the Shine fitness trackers, and would not serve any particular function independent of the device. In this respect the bands and clasp serve a function similar to that of the chest strap for a fitness tracking module described in New York Ruling Letter N240358, dated April 29, 2013.
The applicable subheading for the Shine metal mesh band, the leather band, the polyurethane sports band, and the magnetic clasp will be 9031.90.9195, HTSUS, which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile prokectors; parts and accessories thereof: Parts and Accessories: Other: Other: Other: Other. 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 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 Evan Conceicao at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division