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NY R05133




November 20, 2006

CLA-2-90:RR:E:NC:N1:105 R05133

CATEGORY: CLASSIFICATION

TARIFF NO.: 9029.10.8000

Ms. Vicki J. White
Gaiam International, Inc.
360 Interlocken Blvd.
Broomfield, CO 80021

RE: The tariff classification of an Outdoor Fit Walk System from China

Dear Ms. White:

In your letter dated October 26, 2006, you requested a tariff classification ruling. No sample was submitted, but you did send a two-page color brochure describing the Gaiam Advanced Outdoor Fit Walk System.

You state: “Outdoor Fit Walk System from China. Kit will include the following: Multi-function Pedometer. Features include: Step Counter, Distance Traveled, Calorie Counter, Pulse Rate, Stopwatch, Backlight, Clock/Alarm Clock; and a Walking Audio CD and instructions for Pedometer use. The Pedometer is made of molded plastic and is approximately 2 inches in diameter and a half an inch thick.

The pedometer, audio CD and instructions will be packaged and sold in a blisterpack as a kit.”

The Distance Traveled and Calorie Counter are presumably estimates derived from a calculation of the Steps and information input by the user, such as stride, length and weight, as in the Calorie Counter in Headquarters Ruling Letter 086765 CMS, 7-18-90.

Per the front page of the brochure, it includes “Multi-function Pedometer and 60 Minute Audio CD Workout”. The pedometer has a clip for wearing it on one’s belt, and the pedometer related information is normally the most prominent on the LCD display.

We consider the Multi-function Pedometer to be a composite good whose essential character is supplied by the elements classified in HTSUS 9029, as in New York Ruling Letter 857391, 10-26-90.

We consider the system/kit to be a set in which 9029 is the last heading to equally merit consideration in providing the essential character to the set. See Harmonized System Explanatory Note B to Chapter 85 regarding media.

The applicable subheading for the Gaiam Advanced Outdoor Fit Walk System will be 9029.10.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Revolution counters, production counters, odometers, and pedometers. The rate of duty will be free.

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 http://www.usitc.gov/tata/hts/.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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