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NY R03128




February 1, 2006

CLA-2-90:RR:NC:N1:105 R03128

CATEGORY: CLASSIFICATION

TARIFF NO.: 9029.10.8000

Mr. Bill A. Helms
Schmidt, Pritchard & Co., Inc.
9801 W. Lawrence Avenue
Schiller Park, IL 60176

RE: The tariff classification of a Pedometer #DP-502 from China

Dear Helms:

In your letter dated January 18, 2006, for Dard Products Inc., you requested a tariff classification ruling. No sample was submitted.

The DP-502 Pedometer with Light, labeled StepMaster, has a relatively large five digit digital display to “record up to 99999 steps” and three “bright LED lights,” apparently to light the walker’s way in the dark. In quantity, they cost less than $5 each.

We consider the item to be a composite good and the pedometer portion to be classified in the last heading which equally merits consideration for providing the item’s essential character.

The applicable subheading for the DP-502 will be 9029.10.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, pedometers. 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/.

We are returning your request for a ruling, and any related samples, exhibits, etc. regarding the DP-543, Rotatable Pedometer Clock. We need additional information in order to issue a ruling. Please submit:

A working sample together with any instructions that would usually accompany it.

A cost breakdown showing estimated costs for the specifically time keeping elements, the specifically pedometer elements, and the shared elements, such as the battery. Include the cost of the latch to “transform the item into a desk clock” in the specifically time keeping costs.

Can it be set as an alarm clock or is the “time alarm” only for a timed period?

How is the “calorie counter” set up?

Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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 this letter, contact National Import Specialist J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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