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NY N017407




October 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9029.20.4080

Mr. Brad Menard
Fossil Retrodome
10615 Sanden Dr.
Dallas, TX 75238

RE: The tariff classification of Chest Straps, Foot Pads, et al from Hong Kong

Dear Mr. Menard:

In your letter dated September 17, 2007, for Fossil Partners, you requested a tariff classification ruling. A sample was provided.

You state that the Country of Origin will be HK.

Regarding the Adidas Chest Strap, it is worn around the chest and transmits the wearer’s heart rate via a 2.4 GHz radio signal to “the phone,” which is not part of your request.

We assume that “the phone” is not part of stationary exercise equipment, such as a treadmill. Headquarters Ruling Letter 089891, 9-15-93, in effect, revoked HRL 087550, 2-28-91, which had classified heart rate monitors in HTSUS 9029.20.40, to apply HTSUS 9506.91.00 to heart rate monitors used with stationary exercise equipment.

We agree that the applicable subheading for the Chest Strap will be 9029.20.4080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” Speedometers and tachometers. The rate of duty will be free.

Regarding the Adidas Foot Pod, Plastic Clip and the separate flat battery in your sample box, we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below:

Regarding the Foot Pod, it is unusual for a pedometer to have a “3-axis accelerometer.” Exactly what do you mean by it “senses motion”? Does it transmit any information other than the fact that the foot has hit the ground? If so, what information is it? How does it “calculate speed and distance”? What is the “phone” it transmits to?

Regarding the Plastic Clip, noting that you propose classification in HTSUS 3926.90, will the clips be imported in the same shipment as the Foot Pods? Noting that they appear to be designed specifically to snap around the Foot Pods, do you disagree that the two are composite goods if imported together?

Regarding the separate battery, will the batteries be imported separately or will they be included in a retail package with the Chest Straps and/or Foot Pods?

Regarding all three, please supply copies, if any, of current or planned advertising or packaging information, illustrations, etc.

If you decide to resubmit your request, please include all of the material that we have returned to you (except that relating only to the Chest Strap) 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.

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

Sincerely,

Robert B. Swierupski
Director,

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