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NY N004371

January 9, 2007



TARIFF NO.: 9029.10.8000

Mr. Bill Helms
Schmidt, Pritchard & Co., Inc.
9801 West Lawrence Avenue
Schiller Park, IL 60176

RE: The tariff classification of a Pedometer #DP-543 from China

Dear Mr. Helms:

In your letters dated January 18 and December 5, 2006, for Dard Products Inc., you requested a tariff classification ruling. A sample, DP-543, Rotatable Pedometer Clock, was submitted. You also submitted a copy of NY Rejection letter R03203-341, but we assume that is an error.

You have now also submitted an instruction manual and some cost breakdown information. Although you made no attempt to answer directly the questions in our 2-1-06 letter to you (part of New York Ruling Letter R03128), we note that the claim that the IC cost less than $.45 indicates that cost of the timing function is relatively low since the IC is presumably the source of the timing and the IC has functions for the pedometer/calorie/distance function as well.

Per the instruction manual, the displayed information can include the Distance traveled and Calories burnt as well as the number of steps and the time of day.

 As in Headquarters Ruling Letter 086765, 7-18-90, it is clear that only the steps are being counted during the walking and that there is no direct measurement of the calories consumed, only an estimation based on a calculation of the number of steps measured and the information input by the user.

      Harmonized System Explanatory Note A-9 to 9029 indicates that Pedometers include items that also provide an approximate measurement of distance via a calculation from the steps measured.

Although you stated in your 1-18-06 letter that “the clock can be made into a desk clock,” there is no reference to that in the manual and it appears to be a relatively minor feature, basically just enabling it to not fall over (by leaving the back cover partially open) when placed on a table. In use, it is clipped to the wearer’s waistband.

 The applicable subheading for the DP-543 will be 9029.10.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, Pedometers and the like. The rate of duty will be free.

      Per your request, the sample is being returned to you, in a separate mailing.

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.


Robert B. Swierupski
National Commodity

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