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HQ 951179


June 9, 1992

CLA-2 CO:R:C:F 951179 ALS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.91.0030

Ms. Joy Arnott
EXMAC Products
P.O. Box 6219
Upper Mt. Gravatt
Q 4122, Australia

RE: Lightweight and Portable Manually Operated Exercise Device Which Exercises the Lower Extremities of Persons While in a Seated Position

Dear Ms. Arnott:

This is in reference to your letter of February 12, 1992, requesting a classification ruling on a manually operated device, known of the Exmac Easy Exerciser, which is said to exercise the lower limbs and massage the soles of the feet.

FACTS:

The article under consideration consists of a spring operated rectangular bar mounted on square platform. The rectangular bar with a footrest at its ends, each containing 9 balls, which are designed, according to advertising literature, to massage the soles of the feet. The device is manually operated with the legs by the alternate flexing of the legs in a rhythmical twisting motion. Advertising literature states that the device is designed for the desk-bound office worker, post- operative patients, and the partially mobile and other individuals confined to a sedentary lifestyle. Such literature states that the device is designed to exercise the lower body and massages the soles of the feet.

ISSUE:

What is the tariff classification of a device designed to exercise the lower limbs and massage the feet of persons while sitting?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings and relevant section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require, the remaining GRI's are applied taken in order.

Advertising literature and testimonials have been submitted with the ruling request. The literature makes various claims as to the benefits to be received by exercising with the device. The testimonials, some stating that the source thereof conducted a preliminary evaluation of the product, indicate that there might be some physiological benefit achieved from exercising with the device. There is also some casual mention that the massaging capabilities of the article aid the body in the process of healing.

While we are unable to confirm the veracity of the various statements in the documents submitted with the ruling request, it appears that the primary purpose of the article is to produce various physiological benefits to the user through exercise. The exerciser provides such benefit while the user is in a seated position. We, therefore, believe that the article should be considered an exercise device similar to other devices which might be used in the home or in a gymnasium to maintain good physical condition.

HOLDING:

A lightweight manually operated exercise device designed to be used by persons for exercising while in a seated position is classifiable under subheading 9506.91.0030, HTSUSA, as other gymnasium or other exercise equipment. Such article would be subject to general rate of duty of 4.6 percent ad valorem.

Since the advertising literature and documentation submitted with the ruling request indicate that individuals might experience certain physical benefits through the use of the
article, the article might be considered a medical device subject to approval by the U.S. Food and Drug Administration (FDA). Information as to the applicable regulations administered by the FDA may be addressed to that Agency at the following location:

U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, D.C. 20204

Sincerely,

John Durant, Director
Commercial Rulings Division

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