The tariff classification of activity trackers from South Korea

N209995 March 30, 2012 CLA-2-90:OT:RR:NC:4:405 CATEGORY: Classification TARIFF NO.: 9031.80.8085 Ms. Stephanie Park U.S. Customs Compliance Assistant Manager/Logistics LG Electronics U.S.A. 1000 Sylvan Avenue Englewood Cliffs, NJ 07632 RE: The tariff classification of activity trackers from South Korea Dear Ms. Park: In your letter dated March 15, 2012, you requested a tariff classification ruling. No samples were provided. From your letter, we take it that the only significant difference between your LA11M-BS and LA112-BC is that the latter is not Blue Tooth enabled. You describe them as activity trackers, pedometers. They will be worn on the wrist, on a belt, or in another convenient location on the user. From the attached LG Activity Tracker Introduction booklet, the first of their “Distinct Features” is “Wide range of measurements for monitoring daily physical activities.” They can count steps taken when walking or running and, presumably from personal data input, then estimate the distance traveled. However, they also have a 3 axis accelerometer which is used in calculating the user’s activity level for a given period, expressed in kcals. This, in turn, is used in, e.g., a calculation of the weight the user is projected to lose over an extended period if the average activity level measured is maintained (and various input personal data does not change.) Although they will necessarily include a measurement of time in calculating the kcals for given periods, etc., it is the cumulative activity level itself which is of primary interest to the user. They include devices to transfer the data that it has measured to other electronic devices, e.g., a laptop computer. It is similar for classification purposes to the Fitbit Tracker in New York Ruling Letter N068636 – 405, dated August 12, 2009. The applicable subheading for the LA11M-BS and LA112-BC will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7%. 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, Thomas Russo Director National Commodity Specialist Division