The tariff classification of a HabitAware electronic bracelet from China

N280329 November 9, 2016 CLA-2-90:OT:RR:NC:N1:405 CATEGORY: Classification TARIFF NO.: 9031.80.8085 John Pritchard HabitAware, Inc. 2868 Kenwood Isles Drive Minneapolis, MN 55408 RE: The tariff classification of a HabitAware electronic bracelet from China Dear Mr. Pritchard: In your letter dated October 12, 2016, you requested a tariff classification ruling. The merchandise at issue is identified as the HabitAware, an electronic bracelet described as a smart subconscious behavior tracker and awareness trainer. Each HabitAware bracelet contains an electronic element that incorporates a 9-axis inertial measurement sensor (consisting of a 3-axis accelerometer, a 3-axis gyroscope, and a 3-axis magnetometer), a haptic vibration motor, a lithium polymer battery, and a Bluetooth module. The HabitAware bracelet is designed to track a user’s undesirable subconscious behaviors, such as hair-pulling, nail-biting, thumb-sucking, and the like, and alert a user when that behavior is performed. To use the HabitAware, a user first wirelessly syncs the device with an app on their smartphone, and then performs the undesirable activity so the bracelet can record the motion (such as raising one’s arm to bite one’s nails). The HabitAware will then recognize when a wearer performs that motion, and vibrate accordingly to make the user aware that they are repeating the undesirable behavior. The device will also record the frequency of the motions, and will upload that information to the smartphone app when the device is synced. The HabitAware bracelet is packaged with a USB cable and comes in two styles, Sporty and Stylish. Both styles contain the same electronics, and only differ in respect to the design of the band that the user will wear on their wrist. In your submission you state that one of the functions of the HabitAware is to keep count of how many times it detects that undesirable behavior is repeated, and to provide a user with this information. As a result, you suggest classification of the HabitAware in subheading 9029.10.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for revolution counters, production counters…, pedometers, and the like. Based on the information provided, it would appear that the main function of the HabitAware is to continually track the movement of a user’s wrist and notify the user when an undesirable behavior is detected (the HabitAware can track up to four behaviors). Keeping count of the number of times a gesture is repeated seems an ancillary function. Like the FitBit Tracker described in New York Ruling Letter N068636, dated August 12, 2009, the HabitAware does more than merely keep count of how often a motion is performed, and thus would not be classified in heading 9029. The applicable subheading for the HabitAware 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 1.2% 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 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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division