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NY M80206




February 15, 2006

CLA-2-90:RR:NC:N1:105 M80206

CATEGORY: CLASSIFICATION

TARIFF NO.: 9027.4530, 9102.12.40, 9102.12.80

Ms. Maurine Cecil
American Shipping Company, Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

RE: The tariff classification of a Body Fat Analyzer and a Heart Rate Monitor from China

Dear Ms. Cecil:

In your letter dated February 1, 2006, for Thane International Inc., you requested a tariff classification ruling. Two samples were submitted.

The retail box for the Body Fat Analyzer states: “Body Fat Measuring
Range (in percentage) 5.0-50%
Display Resolution 0.1%

Health Management Anytime Anywhere!”

It is hand held and battery operated. The user presses his thumbs against the two metal “buttons” on each side of the display. It appears to be electrical per Additional US Note 2 to HTS Chapter 90.

The applicable subheading for the Body Fat Analyzer will be 9027.80.4530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other”, non-“optical”, “electrical”, instruments and apparatus for chemical analysis. The rate of duty will be free.

The Heart Rate Monitor is a battery operated wrist watch with a liquid crystal display and a plastic wrist strap. The wrist watch features various modes including time shown in hours, minutes and seconds, date, daily alarm, chronograph, exercise mode, and pulse mode. The exercise mode displays the average calories burned during a workout and the pulse mode displays the pulse rate.

Classification under the Harmonized Tariff Schedule of the United States is governed by the General Rules of Interpretation (GRIs) taken in order. The Heart Rate Monitor is a composite good that is classifiable under more than one heading, each of which is equally specific. The Heart Rate Monitor will be classified in accordance with GRI 3 (c). Applying GRI 3 (c), the Heart Rate Monitor is classified under heading 9102, HTS, which is the last in numerical order of the applicable headings.

The applicable subheading for the Heart Rate Monitor will be 9102.12.80, Harmonized Tariff Schedule of the United States (HTSUS) 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 rate of duty is free.

The applicable subheading for the strap for the Heart Rate Monitor will be 9102.12.40, Harmonized Tariff Schedule of the unites States (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 rate of duty is 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/.

Per your request, the samples are being returned to you, in a separate mailing.

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 Heart Rate Monitor, contact National Import Specialist Barbara Kiefer at 646-733-3019. If you have any questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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