The tariff classification of a sensor from China, men’s shorts from Sri Lanka, and women’s pants from Sri Lanka

N276158 June 30, 2016 CLA-2-62:OT:RR:NC:N3:356 CATEGORY: Classification TARIFF NO.: 9031.80.8085; 6203.43.4030; 6104.63.2006 Mr. Jimmy Ting Great World Customs Service 518 Eccles Avenue South San Francisco, CA 94080 RE: The tariff classification of a sensor from China, men’s shorts from Sri Lanka, and women’s pants from Sri Lanka Dear Mr. Ting: In your letter dated April 26, 2016, you requested a tariff classification ruling. As requested, your samples will be returned. You describe the Lumo Run as a motion sensing device that runners can wear to measure their running performance. The Lumo Run is comprised of two components: A sensor (which is accompanied by a USB charging cable) and either a pair of men’s shorts or a pair of women’s capri-length pants. You have requested a tariff classification ruling on the following: The sensor when imported only with a cable; the men’s shorts imported individually; the women’s pants imported individually; the sensor, cable, and men’s shorts imported as a set; and the sensor, cable, and women’s pants imported as a set. The sensor, measuring 50 mm in length, is a lightweight, waterproof, oval shaped device that is designed to attach to the sensor dock of a Lumo Run garment. It is comprised of a plastic polymer shell containing an integrated circuit, 9-axis accelerometer, a gyroscope, a magnetometer, a barometer and built in lithium polymer battery. Referred to as the brains of the Lumo Run, this sensor uses advanced algorithms to capture running biomechanics such as cadence, bounce, pelvic rotation and stride length. This data is then wirelessly transmitted to the user’s cell phone which provides real-time audio coaching/feedback. Since neither the principal function nor the essential character of this composite machine can be determined, classification will be in accordance with GRI 3(c) in the heading which occurs last in numerical order among those which equally merit consideration. You indicate that the sensor will be imported packaged together with a USB charging cable.  Style LRGMS000 is a pair of men’s shorts constructed of 88% polyester, 12% spandex, woven fabric. The garment features a flat tunnel elasticized waistband with an inner drawstring; two rear pockets with zippered closures; mesh inserts at the outside of each leg and at the crotch area; a coin pocket sewn to the inner waistband; a slit opening in the rear waistband into which the sensor may be placed; and hemmed leg openings. Style #LRGMS000 has a liner constructed of 87% polyester, 13% spandex, finely knit fabric. The shorts and liner are joined together at the fully elasticized waistband. A tactile button located at the right front waistband connects to conductive circuitry within the waistband, which in turn connects to the sensor. Style LRGFC000 is a pair of women’s capri-length pants constructed from 80% nylon and 20% spandex knit fabric. The tight fitting pull-on pants extend from the waist to the calf area and feature a flat tunnel elasticized waistband; an inner drawstring; a coin pocket sewn to the inner waistband; a right front built-in tactical switch for operating the sensor; a rear slit opening in the waistband into which the sensor may be placed; side hip pockets with zippered closures; mesh inserts at each calf; and hemmed leg openings. You suggest that Styles LRGMS000 and LRGFC000 are classifiable under 9031.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Measuring and checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Parts and accessories: Other: Other: Other. However, based on the submitted samples and information provided, we find that each of these garments is more specifically provided for elsewhere in the tariff. Alternatively, you suggest classification of Styles LRGMS000 and LRGFC000 as controllers under 8537.10.9070, HTSUS, which provides for Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517: For a voltage not exceeding 1,000 V: Other: Other: Other. However, this merchandise transmits data to the user’s smart phone and does not principally function to control and distribute electricity. Therefore, heading 8537 is not appropriate. You further suggest that the men’s shorts, when packaged with the sensor and cable and imported as a set under Style LR1010101M, and the women’s pants, when packaged with the sensor and cable and imported as a set under Style LR1010101F, are classifiable under 9031.90.9095, HTSUS. We disagree with this suggestion. General Rule of Interpretation (GRI) 3(b) provides that goods up put in sets for retail sale are to be classified as if they consisted of the component which gives them their essential character. It is our opinion that the essential character of Style LR1010101M is imparted by the shorts, and the essential character of Style LR1010101F is imparted by the pants. The applicable subheading for the sensor with cable will be 9031.80.8085, HTSUS, which provides for Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other. The rate of duty will be 1.7 percent ad valorem. The applicable subheading for Styles LRGMS000 and LR1010101M will be 6203.43.4030, HTSUS, which provides for Men’s or boys’… Trousers, bib and brace overalls, breeches and shorts (other than swimwear): Of synthetic fibers: Other: Other: Other: Other: Shorts: Men’s. The rate of duty will be 27.9% ad valorem. The applicable subheading for Styles LRGFC000 and LR1010101F will be 6104.63.2006, HTSUS, which provides for Trousers…knitted or crocheted: Trousers: Of synthetic fibers: Other: Other: Trousers and breeches: Girls’: Other: Containing 5 percent or more by weight of elastomeric yarn or rubber thread. The duty rate will be 28.2% ad valorem. 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 the World Wide Web at https://hts.usitc.gov/current. 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 on the sensor with cable, contact National Import Specialist April Cutuli at april.a.cutuli@cbp.dhs.com. If you have any questions regarding the ruling on Styles LRGMS000 or LR1010101M, contact National Import Specialist Maryalice Nowak at maryalice.nowak@cbp.dhs.gov. If you have any questions regarding the ruling on Styles LRGFC000 or LR1010101F, contact National Import Specialist Antoinette Peek-Williams at antoinette.peekwilliams@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division