The tariff classification of the "Personal Trainer: Walking" system from Japan

N063957 June 18, 2009 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9504.90.4000 Mr. Steven Baker Law Offices of Steven W. Baker 250 Bel Marin Keys Boulevard, Suite B-6 Novato, California 94949-5707 RE: The tariff classification of the “Personal Trainer: Walking” system from Japan Dear Mr. Baker: In your letter dated May 28, 2009, you requested a tariff classification ruling on behalf of Nintendo of America Inc. A sample of the “Personal Trainer: Walking” system was received with your request. The “Personal Trainer: Walking” system consists of two Activity Meter units, an infrared receiving game card, which plugs into the Nintendo DS portable video game system, and a printed operations manual. All of the components will be imported and sold together in a window box. The Activity Meters and game card may also be imported separately and packaged together in the United States for retail sale. The Activity Meters, which have no controls or information readouts other than a dual color LED that blinks either red or green if you’ve reached a specific walking target, are used to capture the number of steps walked and the “life rhythm” of people or animals, such as a dog. The data collected in the meters is sent via the infrared game card while plugged into the Nintendo DS. Each meter can store seven days of “life rhythm” data or 30 days of information regarding steps walked. Players can create a Mii, which is a video avatar, that will represent them in the game and can be personalized to one’s own tastes (facial features, clothes, etc.), or a dog. The game card incorporates both the instruction set for the game and the infrared receiver to retrieve the information from the meters. The data collected can be used to create a variety of graphs and fun activities” included on the game card and with the addition of a router and broadband access, can be used for online play. The “Personal Trainer: Walking” system is designed for use with the Nintendo DS, Nintendo DS Lite or the Nintendo DSi video game systems and even has the capability to import one’s Mii character from the Nintendo Wii console. Note 3, to chapter 95, states that "subject to note 1 above, parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles." The “Personal Trainer: Walking” system meets this requirement as both components can only be used in conjunction with the various Nintendo DS game systems. Whether the Activity Meters and infrared game card are imported together as part of the “Personal Trainer: Walking” system or imported separately, the items are to be used solely with video game systems and will be classified as such. The sample is being retained by this office. The applicable subheading for the “Personal Trainer: Walking” system will be 9504.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles for arcade, table or parlor games…: Other: Game machines, other than those operated by coins, banknotes (paper currency), discs or similar articles; parts and accessories thereof.” 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 James Forkan at (646) 733-3025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division