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NY M80643




March 17, 2006

CLA-2-90:RR:NC:N1:105 M80643

CATEGORY: CLASSIFICATION

TARIFF NO.: 9029.10.8000

Mr. Michael K. Tomenga
Neville Peterson LLP
1900 M Street, N.W., Suite 850
Washington, D.C. 20036

RE: The tariff classification of an Electronic Pedometer from China

Dear Mr. Tomenga:

In your letter dated February 16, 2006, for Creata Promotion USA, Inc., you requested a tariff classification ruling. No sample was submitted.

You state: “The article subject to this request consists of an electronic pedometer in a molded plastic, black and silver colored case. The article counts steps taken, measures distance, and calculates calories burned. The pedometer is round in shape and approximately two inches in diameter and a half an inch thick.”

You also state: “The operation of the pedometer is explained in the enclosed product brochure. Essentially, the user determines his or her step length then enters it into the device. Next the user enters his or her weight. After use, the device can display the number of steps taken, distance traveled, and calories burned.”

The user manual which you included refers to it as an “Energy Meter.”

As in Headquarters Ruling Letter 086765, 7-18-90, it is clear that only the steps are being counted during the walking and that there is no direct measurement of the calories consumed, only an estimation based on a calculation of the number of steps measured and the information input by the user.

Harmonized System Explanatory Note A-9 to 9029 does indicate that Pedometers include items that also provide an approximate measurement of distance via a calculation from the steps measured.

We agree that the applicable subheading for the “Energy Meter” will be 9029.10.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, Pedometers and the like. 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 http://www.usitc.gov/tata/hts/.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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