The tariff classification of a whole body vibration machine from China

N315164 October 23, 2020 CLA-2-84:OT:RR:NC:N1:104 CATEGORY: Classification TARIFF NO.: 8479.89.9499; 9903.88.03 John Burhans Burhans Consulting LLC 190 Weston Rd. Weston, CT 06883 RE: The tariff classification of a whole body vibration machine from China Dear Mr. Burhans: In your letter dated October 12, 2020, you requested a tariff classification ruling on behalf of your client, Hypervibe LLC. The Hypervibe vibration platform G Series is a whole body vibration device which comes in various sizes and models. Vibration produced by the mechanical device is used to provide health benefits and exercise to the consumer. According to the Hypervibe website, the G Series utilizes pivotal platform movement, lower frequency vibration, gravitational force, and amplitude (how high the platform moves above its horizontal resting place), to provide a whole body vibration fitness program including musculoskeletal, circulatory and weight loss benefits. Exercises may be performed while standing or sitting on the vibration plate, leaning against the various models of the platform, or the user may remain in a stationary position as the machine vibrates. The Hypervibe Vibration Machine G10 model utilizes Bluetooth technology, comes with 2 resistance bands, a remote control, over 40 programs, and 100 video tutorials. It has an adjustable frequency range of up to 25Hz and a 25.8” x 15.5” platform. The G14 and G17 models connect through Wi-Fi, offer over 40 programs, 100 video tutorials, and touch screen navigation on “Swan-Neck” vertical mounts with sidebars. The G14 features an adjustable frequency range of up to 30Hz, a 25.8” x 15.5” platform, an elastic resistance band, and upper and lower controls. The G17 features a frequency range of up to 35Hz, a 21.1” x 13.2” platform, a rigid (adjustable length) resistance band, and a QuickFix Twist-Lock Anchor System. You propose classification under 9019.10.20, Harmonized Tariff Schedule of the United States (HTSUS), which provides in pertinent part for mechano-therapy appliances and massage apparatus. We disagree. According to your website, “Whole Body Vibration is a form of weight bearing (resistance) exercise. Hypervibe is a pivotal motion machine, otherwise known as oscillating, side-alternating, or rotational.” The Hypervibe machines use pivotal platforms and one of the advantages of pivotal platforms indicated on your website is “the movement mimics the natural rotation of the hips during walking and running which may activate a greater range of muscles and reduce vibration that occurs in the head.” The frequencies of the products range from 5-35 Hz covering the low, mid, and high frequencies. It states that “when running at a low or mid frequency, the term ‘vibration’ is perhaps not an accurate description of the platform motion.” The up and down movement of the vibrating platform has three main effects on the user’s body: increased gravity, rhythmic movement, and muscle reflexes. The whole body vibration machines use vibration exercise to offer some claimed health benefits, such as muscle strength, bone density, weight loss, balance, circulation, pain relief, flexibility, and neurological stimulation. They are primarily sold for in-home use. Based on the previous rulings of similar products (NY rulings N200216 dated February 10, 2012 and N218776 dated June 20, 2012) and the function and use of the instant products, we maintain that they are not analogous to the mechano-therapy appliances or massage apparatus classified in heading 9019, HTSUS. In your letter, you also refer to the FDA regulations to support your position. However, we note “articles are classified by the FDA to protect public safety, not as guidance for classification of imported merchandise... Recognition by the FDA… that the subject merchandise can be used [in medical applications] does not constitute a determination of its tariff classification.” See Headquarters Ruling Letter H265244 (June 1, 2015). The applicable subheading for the Hypervibe vibration platform G Series will be 8479.89.9499, HTSUS, which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other: Other. The rate of duty will be 2.5% ad valorem. 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 Section 301 trade remedy, 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 Denise Hopkins at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division