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NY I81920




June 12, 2002

CLA-2-91:RR:NC:MM:114 I81920

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.12.80; 9102.12.40; 9029.10.8000

Ms. Christy Miller
Customs Specialist
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of the Speed Distance Monitor Triax 100, Heart Rate Monitor Triax Inspire, and Speed Distance Monitor Tailwind made in China

Dear Ms. Miller:

In your letter dated May 14, 2002, you requested a tariff classification ruling. Samples of the Nike Speed Distance Monitor (SDM) Triax 100, Heart Rate Monitor (HRM) Triax Inspire, and Speed Distance Monitor (SDM) Tailwind were submitted with the ruling request.

The submitted samples are identified as the SDM Triax 100 (item number SM0003), HRM Triax Inspire (item number SM0008), and SDM Tailwind (item number SM0009). You state in your letter that the items are made in China.

The SDM Triax 100 consists of a digital combination article and speed sensor. The battery operated, digital combination article features a wrist watch with a black urethane strap. The combination article has a liquid crystal display (LCD). The LCD display features various modes including time, run, graph, chronograph, data, timer and alarm. The speed sensor attaches to shoelaces to transmit speed and distance information to the display. The combination article and speed sensor are packed in a cardboard box ready for retail sale.

The HRM Triax Inspire consists of a digital combination article and chest transmitter. The battery operated, digital combination article features a wrist watch with a black urethane strap. The combination article has a LCD. The LCD display features various modes including time, pulse, chronograph and alarm. The chest transmitter enables the digital combination article to display information about heart rate. The chest transmitter functions automatically as long as it is worn correctly and is within three feet of the combination article. The combination article and chest transmitter are packed in a cardboard box ready for retail sale.

Classification of merchandise under the Harmonized Tariff Schedule of the United States is governed by the General Rules of Interpretation (GRIs) taken in order. Each of the digital combination articles in the SDM Triax 100 and HRM Triax Inspire is a composite article that is classifiable under more than one heading, each equally specific. It is the opinion of this office that there is no essential character for these composite articles. Accordingly, digital combination articles in the SDM Triax 100 and HRM Triax Inspire will be classified according to General Rule of Interpretation 3(c) which states “when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration”. Applying GRI 3(c), each of the digital combination articles in the SDM Triax 100 and HRM Triax Inspire is classifiable under heading 9102 since it occurs last in numerical order of the competing headings.

The SDM Tailwind is, most importantly, a pedometer worn on the runner’s shoe. The LCD display features the distance run, but as indicated in Explanatory Note A-9 to Harmonized System heading 9029, this is an approximate measurement since it works by multiplying its accurate count of steps by the previously calculated average step length, which varies due to terrain, tiredness, etc. The calories is a further removed estimate since the SDM Tailwind only uses the distance, pace, and user input weight and age to arrive at the measurement. It can also display the distance (or cumulative distance), elapsed time, pace, or calories at any one time. Power to the display turns off automatically if there are no steps detected in 15 minutes. When turned on, cumulative distance is always displayed. While elapsed time can be displayed, time of day cannot, and it is not possible to switch from the distance display to the elapsed time display without stopping and bending down to touch the button. Therefore, it is unlikely that the elapsed time information from it will often be used by the runner. While the SDM Tailwind is a composite good, this office does not consider the elapsed time function to equally merit consideration in supplying its essential character. Therefore, the SDM Tailwind is classifiable under heading 9029.

The applicable subheading for the digital combination articles in the SDM Triax 100 and HRM Triax Inspire, will be 9102.12.80, Harmonized Tariff Schedule of the United States (HTS), which provides for wrist watches, pocket watches and other watches, including stop watches, other than those of heading 9101; wrist watches, electrically operated, whether or not incorporating a stop watch facility; with opto-electronic display only; other. The duty rate will be free.

The applicable subheading for the urethane watch straps will be 9102.12.40, HTS, which provides for straps, bands or bracelets entered with watches of subheading 9102.12.80 and classifiable therewith pursuant to additional U.S. note 2 to this chapter; all the foregoing whether or not attached to such watches at the time of entry; other. The duty rate will be free.

The applicable subheading for the SDM Tailwind will be 9029.10.8000, HTS, which provides for revolution counters, production counters, odometers, pedometers and the like. The duty rate will be free.

Your samples are being returned as requested.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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