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NY N003907




December 13, 2006

CLA-2-85:RR:NC:N1:112

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9795

Carol Robertson
Customs Administration Specialist
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097

RE: The tariff classification of the StressEraser biofeedback device from China.

Dear Ms. Robertson:

In your letter dated November 21, 2006, you requested a tariff classification ruling on behalf of Helicor Inc. of New York, NY.

The item concerned is an electronic handheld biofeedback device. It’s die cast zinc metal and plastic trim casing is 2.5 inches high, 3.5 inches long and .75 inches wide. Two AAA batteries power the device. It features an LCD display, four-button operation and an infrared finger/pulse sensor clip on the top of the unit.

The primary function of the StressEraser is to train the user to relax and reduce their level of stress. The device uses biofeedback to help the user adjust their breathing so it corresponds to the units program. The LCD display shows pulse rate changes as a continuous wave. The goal is to earn points by slowing and regulating your breathing, which in turn reduces stress. This is accomplished through self-monitoring or with the use of an interactive program.

You proposed classification under subheading 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Measuring or checking instruments: Other instruments: Other: Other. However, the purpose of this product is neither to produce a measurement for its own sake nor to check that an object is free of defects. Rather, it’s “intended use” is for “relaxation training and stress reduction.” In addition, to the extent that this product involves measurement at all, it is not a recognized unit of measure, but an estimate of an individual’s level of stress.

The applicable subheading for the StressEraser will be 8543.89.9795, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Electrical Machines and apparatus: Other machines and apparatus: Other: Other: Other: Other: Other. The rate of duty will be 2.6%.

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 Steven Pollichino at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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