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NY B87726

August 13, 1997

CLA-2-85:RR:NC:1: 112 B87726


TARIFF NO.: 8543.89.9695; 9506.99.6080

Mr. Ernest G. Criez
DKL Co., Inc.
240 Valley Drive
Brisbane, CA 94005

RE: The tariff classification of an "Aquapacer" and an "Aqua Exerciser" from Scotland

Dear Mr. Criez:

In your letter dated June 18, 1997, on behalf of Finis, Inc., you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the "Aquapacer" consists of a battery operated infrared transmitter and receiver which are used in conjunction with each other to assist swimmers with their training programs. The transmitter is a hand-held unit which can be programmed to store 16 "swims", which is the information used by swimmers to help them through the various regimens. The receiver, identified as the "Pacer", is a smaller unit which can store information on four of these regimens at one time. When activated by the swimmer, the selected program is transmitted in the form of audio cues.

The "Aqua Exerciser" is a plastic device which fits over the hand and increases resistance to water. It is used in water exercises to strengthen and build muscles through a series of repetitive movements against the natural resistance of water.

The applicable subheading for the "Aquapacer" will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, ..., not specified elsewhere in Chapter 85, HTS. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the "Aqua Exerciser" will be 9506.99.6080, HTS, which provides for other articles and equipment for general physical exercise, ..., not specified or included elsewhere in Chapter 95, HTS. The rate of duty will be 4.4 percent ad valorem.

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 David Curran at 212-466-5680.


Robert Swierupski
Chief, Metals and Machinery Branch

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