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NY A85926





July 24, 1996

CLA-2-95:RR:NC:FC:224 A85926

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.91.0030; 4202.92.3030; 8524.53.1040

Cindi Franks
Inergi Fitness
3120 Medlock Bridge Rd
Bldg G
Norcross GA 30071-1460

RE: The tariff classification of an exercise system from China.

Dear Ms. Franks:

In your letter dated July 17, 1996, you requested a tariff classification ruling.

The merchandise is identified as the Powerbelt Exercise System and is described as a lightweight exercise device that is worn around the user's waist. The product is composed of two plastic base units that are supported on a belt that has a foam pad and a nylon webbed belt that buckles at the front of the waist. The two base units are assembled with constant force carbon steel springs that provide levels of resistance. The user grasps the handles of the base units while walking, running or in other exercise functions and the springs add resistance to the arm motions, providing an upper body workout that supplements a lower body activity.

A feature of this system is that the spring resistance can be changed and adapted to a variety of user demands with the addition of Powerpaks that snap onto the base unit. These Powerpacks consist of supplemental constant force springs that lock into the main spring and add to the base unit's spring resistance. In addition to the Powerpacks, an instruction video and a travel bag used to store the Powerbelt and Powerpack accessories will be imported by your company.

The applicable subheading for the Powerbelt exercise device, as well as the Powerpak accessories, will be 9506.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof, other." The rate of duty will be 4.6 percent ad valorem.

The travel bag, whether imported with the Powerbelt Exercise System or separately, is classifiable under subheading 4202.92.3030, HTS, as "travel, sports and similar bags with outer surface of man-made textile materials, other, other, other." The rate of duty will be 19.5 percent ad valorem. The textile category for this subheading is 670.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

The video tape cassette, whether imported with the system or separately, is classified separately in subheading 8524.53.1040, HTS, which provides for "records, tapes and other recorded media for sound or other similarly recorded phenomena...: Of a width exceeding 6.5 mm: Video tape recordings, of a width not exceeding 16 mm, in cassettes." The rate of duty will be 0.4 cents per linear meter.

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 Tom McKenna at 212-466-5475.

Sincerely,

Roger J. Silvestri
Director

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