Heart Rate Monitors; Pulsemeters; Speedometers; Cardiotachometers; Hemotachometers; Blood Speed; Exercise Bicycles; Cyclocomputer

HQ 087550 February 28, 1991 CLA-2 CO:R:C:G 087550 CMS CATEGORY: Classification TARIFF NO.: 9029.20.20 9029.20.40 9031.80.00 Mr. Ned H. Marshak, Esq. Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street New York, NY 10004 RE: Heart Rate Monitors; Pulsemeters; Speedometers; Cardiotachometers; Hemotachometers; Blood Speed; Exercise Bicycles; Cyclocomputer Dear Mr. Marshak: Your request dated June 26, 1990, on behalf of Computer Instruments Corporation, for a classification ruling on certain heart rate monitors and pulsemeters has been referred by the Regional Commissioner of Customs, New York, to Customs Headquarters for a reply. FACTS: The merchandise consists of certain heart rate monitors and pulsemeters identified by the importer as the Model 8719 Heart Speedometer and 8829 Pulseminder, Model 8901 Heartminder, Model 45910 CycloVantage, Heart Rate Monitor Models 8733, 8799, 45900, 45920 and 45930, and the Exersentry Model EXIIIA. The Model 8719 Heart Speedometer and 8829 Pulseminder are usually mounted on exercise bicycles and display pulse rate and elapsed time. The articles have photoelectric ear lobe pulse sensors. The Model 8829 also contains high and low alarms indicating pulse beats outside the target zone. The Model 8901 Heartminder is a heart rate monitor with electrode sensors which are mounted on the handlebars of exercise bicycles. The hands of the user cover the unit's electrode sensors as the handlebars are gripped. This unit also displays elapsed time and has high and low alarms. The Model 45910 CycloVantage is a combination cyclocomputer- heart rate monitor which displays cadence, speed, distance and -2- elapsed time in addition to heart rate. It also has a stopwatch, high/low alarm and the ability to download data in memory into a computer. This product consists of a belt with electrodes, a transmitter which snaps onto the belt, and a wristwatch receiver which displays information as it receives electric signals from the transmitter. The bicycle speedometer input comes from wheel and pedal sensors and magnets. The Heart Rate Monitor Models 8733, 8799, 45900, 45920 and 45930 are heart rate monitors which consist of an electrode belt, transmitter and wristwatch receiver. All models have high and low alarms and all but the Model 45930 display elapsed time. The Models 8799 and 45920 can download information stored within the wristwatch receiver component into a computer through a computer interface. The Exersentry Model EXIIIA is a heart rate monitor with electrode sensors and high and low alarms. ISSUE: Is the merchandise classified in Heading 9029 as tachometers or speedometers, or in Heading 9031 as measuring or checking instruments, not specified or included elsewhere? LAW AND ANALYSIS: Heading 9029 in part describes speedometers and tachometers. The Explanatory Notes to Heading 9029, p. 1523, provide that speed indicators and tachometers "...indicate the number of revolutions, speed, output, etc., per unit of time (e.g., revolutions per minute, miles per hour, kilometers per hour, metres per minute)" (emphasis in original). The products under consideration indicate pulses per minute and heartbeats per minute. Heart rate and speed of blood flow are not specifically described by the Explanatory Notes as variables measured by Heading 9028 tachometers and speedometers. The relevant Explanatory Note language, however, does not limit the measured variables to those specifically named. There is ample support for the position that articles which measure pulse and heart rate are specialized types of tachometers described as hemotachometers and cardiotachometers. The Random House Dictionary of the English Language, Random House, Inc. (1973), defines "tachometer" as follows: 1. any of various instruments for measuring or indicating velocity or speed, as of a machine, a river, the blood, etc... (emphasis added) -3- The International Dictionary of Medicine and Biology, John Wiley & Sons (1986), defines "tachometer" as follows: An instrument that measures speed or rate, such as a cardiotachometer... (emphasis added) Stedman's Medical Dictionary, 23rd Ed., Williams & Wilkins Company (1976) defines "tachometer" as follows: An instrument for measuring the speed or rate of something; e.g., revolutions of a shaft, heart rate (cardiotachometer), arterial blood flow (hemotachometer) ... (emphasis added) See also Taber's Cyclopedic Medical Dictionary, 14th Ed., F. A. Davis Company (1981); Gould's Medical Dictionary, 5th Ed., The Blakiston Company (1941). The products under consideration would not be excluded from Heading 9029 merely because they have some features (e.g., elapsed time display, computer downloading capability) which do not directly indicate certain events per unit of time. The Explanatory Notes to Heading 9029 provide that Heading 9029 articles can include features related to the tachometer or speedometer function. The Explanatory Notes, p. 1523, provide: Speed indicators and tachometers of this heading may be fixed or portable, simple or multi-function (e.g., maximum or minimum)...combined with an adding counter or a time meter or graphical recording device, etc. The heading also covers certain instruments which simultaneously record speed, mileage, time in motion and at a standstill, etc. Subheading 9029.20.20 describes bicycle speedometers. Subheading 9029.20.40 describes other speedometers and tachometers. The cyclocomputer component of the CycloVantage Model 45910 functions as a bicycle speedometer. The essential character of the Model 45910, however, is not imparted by the -4- bicycle speedometer. The CycloVantage Model 45910 costs only 17% more than the Heart Rate Monitor Model 45900, which is essentially a CycloVantage without the bicycle speedometer component. It is unlikely that the consumer would purchase the product as a bicycle speedometer. By the application of GRI 6, the CycloVantage Model 45910 is classified as an other speedometer or tachometer in subheading 9029.20.40. The Model 8719 Heart Speedometer and 8829 Pulseminder, Model 8901 Heartminder, Model 45910 CycloVantage, Heart Rate Monitor Models 8733, 8799, 45900, 45920 and 45930, and the Exersentry Model EXIIIA are classified as other speedometers or tachometers in 9029.20.40, HTSUSA. HOLDING: The Model 8719 Heart Speedometer and 8829 Pulseminder, Model 8901 Heartminder, Model 45910 CycloVantage, Heart Rate Monitor Models 8733, 8799, 45900, 45920 and 45930, and the Exersentry Model EXIIIA are classified as other speedometers or tachometers in 9029.20.40, HTSUSA. Sincerely, John Durant, Director Commercial Rulings Division