The tariff classification of the Activ5 portable fitness and strength device from China

N305951 September 18, 2019 CLA-2-90:OT:RR:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9031.80.8085, 9903.88.01 Daniel Joe Stevenson Activbody Inc. 4435 Eastgate Mall Suite 100 San Diego, CA 92037 RE: The tariff classification of the Activ5 portable fitness and strength device from China Dear Mr. Stevenson: In your letter dated August 23, 2019, you requested a tariff classification ruling for the Activ5 portable fitness and strength device. The merchandise under consideration is the Activ5 portable fitness and strength device. The Activ5 is a battery-operated, hand-held, Bluetooth connected device that measures the force enacted by the user. Using their hand, knee or foot to apply force, the user will attempt to keep the target pressure the program is looking for. The Activ5 app coaches the user by demonstrating the correct pose and instructing the user to push harder or less hard throughout the exercise. The software on the device allows the user to track the strength, symmetry and progression over time. In your request, you suggest that the Activ5 should be classified under subheading 8517.62.00., Harmonized Tariff Schedule of the United States (HTSUS). However, heading 8517, HTSUS provides in relevant part for: "…other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network)…". Based upon the component make-up of the Activ5 and the overall functionality of the device as a whole, it is CBP’s position that the item concerned is beyond the terms of heading 8517. No one heading in the tariff schedule covers the components in combination; as such, General Rule of Interpretation (GRI) 1 cannot be used as a basis for classification. The Activ5 is considered to be a composite good within the meaning of GRI 3. Goods classifiable under GRI 3(b) shall be classified as if they consisted of material or a component which gives them their essential character. The Explanatory Note to the HTSUS, GRI 3 (b) (VIII), states that the factors which determine essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. Inasmuch as no essential character can be determined for the instant item, GRI 3(b) does not apply. GRI 3(c) states that when the essential character of a composite good cannot be determined, classification is based on the heading that occurs last in numerical order among those which equally merit consideration. It is the opinion of this office that the Bluetooth connectivity in heading 8517, HTSUS, merits equal consideration to the measurement of force in heading 9031, HTSUS. The applicable subheading for the Activ5 portable fitness and strength device 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 free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9031.80.8085, HTSUS, unless specifically excluded, are subject to an 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 HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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, contact National Import Specialist Jason Christie at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division