The tariff classification of activity trackers from China

N298985 August 8, 2018 CLA-2-84:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9031.80.8085, 9903.88.01 Jeffrey Tooley Alba Wheels Up International 5230 Pacific Concourse Drive, Suite 390 Los Angeles, CA 90045 RE: The tariff classification of activity trackers from China Dear Mr. Tooley: In your letter dated July 14, 2018, on behalf of Quest USA, you requested a tariff classification ruling. The products at issue in your submission are identified as the IJOY Activity Tracker for Adults and the IJOY Activity Tracker for Kids. Designed to be worn on the wrist, the battery-powered activity trackers are capable of capturing and recording a user’s step count and related physical activity. The Activity Trackers feature an LCD display that enables a user to view readings of their step count, distance traveled (presumably based on the step count), calories burned, as well as the time of day. The Activity Tracker for Adults and the Activity Tracker for Kids both operate in the same manner and share the same features; they appear to differ from one another only in respect to the sizing of their wristbands. Based on the information provided, the IJOY Activity Trackers appear to function in a manner similar to that of the activity trackers described in New York Ruling Letter N209995, dated March 30, 2012. All of the measurement data collected by the activity trackers is stored and displayed on the device itself. The IJOY Activity Tracker does not have the ability to connect to a smartphone or any other electronic device. The applicable subheading for the IJOY activity tracker will be 9031.80.8085, Harmonized Tariff Schedule of the United States (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 general rate of duty will be 0.8% ad valorem. Effective July 6, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01 and classified in one of the subheadings enumerated in U.S. note 20(b) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.01. Products of China classified under subheading 9031.80.80, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 9031.80.8085, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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 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, contact National Import Specialist Evan Conceicao at evan.m.conceicao@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division