CLA-2-90:OT:RR:NC:N1:105
Amy Monahan FightCamp 936 West 17th Street Costa Mesa, CA 92627
RE: The tariff classification of the FightCamp console and tracker set from Taiwan
Dear Ms. Monahan:
In your letter dated April 24, 2024, you requested a tariff classification ruling. Descriptive literature was provided for our review.
The item under consideration is described as the FightCamp tracker and console set. The console set-top-box is white, rectangular, weighs 3.5 pounds and measures 9 inches by 4 inches by 1.5 inches. On top of the console are 2 tracker pods measuring 2 inches by 1 inch by 0.25 inches each and are held to the console by magnetic charging contacts. Also shipped with the console and trackers is a 4-foot HDMI cable, a USB-a to USB-c cable, and a power supply wall-brick. The console communicates with smart devices through Bluetooth LE 5.0. Additionally, the console has internet access via a Wi-Fi network or an Ethernet port (LAN). It can also be connected to a TV monitor using an HDMI port to play boxing/kickboxing instructor classes, providing both video and audio. The FightCamp application can be downloaded to a smartphone, but the trackers communicate only to the console via Bluetooth.
The motion sensor trackers, which can only be used with the console, stream accelerometer and gyroscope data to the console in real-time. Utilizing proprietary algorithms, the console accurately measures speed (meters per second), intensity, number of punches/kicks, and the type of motion, including jabs, crosses, hooks, uppercuts, sidekicks, and front kicks. The console is exclusively designed to stream FightCamp content and cannot function with any other applications. The data is streamed directly to the console, which processes the data into performance metrics and then displays the results on the screen and mobile app.
In our opinion, the user would purchase the FightCamp tracker and console set because of the measuring component. While the user could watch a FightCamp video without the measurements and feedback provided, it is designed to be interacted with and the moves mimicked by the user. The ability to determine how your moves match the video, including the type of punches and kicks, as well as the additional feedback such as speed, intensity, punch and kick counts etc., is the most important feature of the device.
Accordingly, the applicable subheading for the FightCamp tracker and console set will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: 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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Jason Christie at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division