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NY N011113




May 23, 2007

CLA-2-85:RR:E:NC:MM:109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.62.0050

Ms. Shelly Hess
Station Manager, Licensed Customs Broker
IJS Global, Inc.
124 NE Marx Street
Portland, OR 97230

RE: The tariff classification of good vibrations™ from China

Dear Ms. Hess:

In your letter dated May 8, 2007 you requested a tariff classification ruling, on behalf of your client International Sourcing Group Ltd.

The merchandise subject to this ruling is referenced in the descriptive literature submitted as good vibrations™. Good vibrations™ is an interactive teaching “device”. It is a teacher’s aid that helps children who have attention deficit disorder (ADD), attention deficit hyperactive disorder (ADHD), and Autism. The goal of good vibrations™ is behavior modification of ADD, ADHD, and Autistic children through positive reinforcement.

Good vibrations™ consists of a sending unit and a receiving unit, which is actually a wireless transmitter and wireless receiver. The sending unit sits in a belt clip and is worn by the teacher. The receiving unit is worn by the student on their wrist. Although the receiving unit is worn like a watch, it does not function as a watch. Instead, it is a device that receives positive or reminder vibrations from the teacher’s transmitter throughout the day. The receiver unit also displays the results sent by the transmitter. All of the information on the teacher’s unit is time-stamped and can be uploaded to a computer so that the results, in graph form, can be e-mailed to the child’s parents.

Your letter states that you believe that this merchandise is classified in the Harmonized Tariff Schedule of the United States (HTSUS), under subheading 8543.70.9650, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof; other machines and apparatus: Other: Other: Other.” However, this merchandise consists of a transmitter and a receiver, which are provided for within Chapter 85 under heading 8517. As such, HTSUS 8543.70.9650 is inapplicable.

The applicable subheading for the good vibrations™ will be 8517.62.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other”. 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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