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NY N018774




November 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9029.20.4080

Ms. Francine Ramsey
Hampton Direct
350 Pioneer Drive
POB 1190
Williston, VT 05495

RE: The tariff classification of Pedometer/Pulse Reader from China

Dear Ms. Ramsey:

In your letter dated October 9, 2007, you requested a tariff classification ruling. A sample was provided.

Your description is, “Set/2 Pedometers w/Pulse Reader (72535) – (Picture Attached & Sample Enclosed).”

The picture and sample is of a single composite good, described on its box as “Pedometer with Pulse.” The sample box has a Hampton Direct paper label showing it as Item # 72535.

It is one unit clipped onto the user’s belt. It has an LCD screen on its top surface. The pedometer counts the steps taken and will display estimates of the distance traveled and calories consumed if users input their weight and average stride. The pulse mode displays the user’s pulse rate when the metal button on the front is pressed lightly with a finger.

Separately imported pulsemeters, not used on stationary exercise equipment, are, in general, classified in HTSUS 9029.20.40. See, for example, Headquarters Ruling Letter 087550, 2-28-91, and 089891, 9-15-93.

Separately imported pedometers are classified, by name, in HTSUS 9029.10.

We consider the pulsemeter function to at least equally merit consideration in determining this composite good’s essential character.

The applicable subheading for the sample 72535 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.

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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