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NY N004178




December 28, 2006

CLA-2-84:RR:NC:1:120

CATEGORY: CLASSIFICATION

TARIFF NO.: 8423.10.0010

Ms. Carol Robertson
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026

RE: The tariff classification of a digital scale set from China.

Dear Ms. Robertson:

In your letter dated November 27, 2006 you requested a tariff classification ruling on behalf of your client, SSD Company Ltd. The sample submitted with your ruling request will be returned to you.

The merchandise under consideration is the Xavix Lifestyle Manager. It consists of a digital scale, a system cartridge, an infrared remote control, batteries, and instructional material, packaged together for retail sale. The Lifestyle Manager is designed to interact wirelessly with the Xavix game console port and a television, neither of which is included in the package.

The digital scale measures approximately 12” wide by 12.5” long by 2” deep, and can accommodate up to 330 pounds. It has a 4” wide LCD screen which provides various readouts, including the time, date, and weight measurement of the user. The scale is powered by 4 “AA” batteries, which are provided in the package. It includes 5 user buttons which record the weight of up to 4 regular users and 1 guest. The scale also incorporates a transceiver, so that it may send and receive information to and from the system cartridge. However, it can operate independently of the remote control and the system cartridge.

The system cartridge, which measures approximately 4.25” wide by 3.25” long by .5” deep, is designed to be inserted into the Xavix game console port. The cartridge incorporates a built-in sensor that wirelessly sends and receives data from the Xavix digital scale, when the cartridge is properly installed in the game console. It stores the information obtained from the digital scale for up to 10 years. The cartridge contains a program which, based upon the measurements taken by the digital scale as well as information provided by the user through the remote control, calculates the user’s vital statistics such as body mass index and body fat percentage, provides stretching and fitness routines, and tracks the user’s fitness progress.

The remote control, which utilizes infrared technology, allows the user to control and input the program cartridge’s customizable settings, such as the date, time, the user’s name, and body measurements. It measures approximately 1.5” wide, 4.25” long, and .5” deep. The remote features a cardinal four-point directional pad, a “cancel” button and an “enter” button. It is powered by two “AA” batteries, which are included in the package. The remote control does not affect the scale directly.

The Xavix Lifestyle Manager meets the criteria for a set under GRI 3 (b), as it consists of at least two different articles classifiable under at least two different headings (scale: Heading 8423; system cartridge: Heading 8524), combined to meet a specific need or carry out a specific activity (in this case to manage weight and promote personal fitness), and put up in a manner suitable for retail sale.

Because the use of the Lifestyle Manager depends upon the input of the user’s weight as measured by the digital scale, it has been determined that the scale provides the essential character of the set.

The applicable subheading for the Xavix Lifestyle Manager digital scale set will be 8423.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Weighing machinery (excluding balances of a sensitivity of 5 cg or better): Personal weighing machines, including baby scales; household scales: Digital electronic type. The general 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 Denise Faingar at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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