The tariff classification of an elastomeric keypad for a stationary fitness machine from China.

N321302 September 17, 2021 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9506.91.0030; 9903.88.15 Glenn Dwyer Concept2, Inc. 105 Industrial Park Drive Morrisville, VT 05661 RE: The tariff classification of an elastomeric keypad for a stationary fitness machine from China. Dear Mr. Dwyer: In your letter dated August 30, 2021, you requested a tariff classification ruling. Photographs and a description of a silicone rubber keypad, part number 5900-001031, also known as an elastomeric keypad, were received with your inquiry. These keypads are designed for and used exclusively in the production of the Concept2 stationary fitness equipment (rowing, Nordic ski and bicycle ergometers). It incorporates 11 circular carbon “pills” and combined with the silicone buttons create an electronic switching mechanism. As you have stated, the electronic performance monitoring function will not work without the keypad and would therefore be considered a part of the fitness machine.  Chapter 95, Note 3 of the Harmonized Tariff Schedule of the United States (HTSUS), states "...parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles." The applicable subheading for the elastomeric keypad will be 9506.91.0030, HTSUS, which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…; parts and accessories thereof: Other: Articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof...Other.” The rate of duty will be 4.6% ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9506.91.0030, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 9506.91.0030, 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 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 Roseanne Murphy at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division