CLA-2 CO:R:C:G 087550 CMS
Mr. Ned H. Marshak, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, NY 10004
RE: Heart Rate Monitors; Pulsemeters; Speedometers;
Cardiotachometers; Hemotachometers; Blood Speed;
Exercise Bicycles; Cyclocomputer
Dear Mr. Marshak:
Your request dated June 26, 1990, on behalf of Computer
Instruments Corporation, for a classification ruling on certain
heart rate monitors and pulsemeters has been referred by the
Regional Commissioner of Customs, New York, to Customs
Headquarters for a reply.
The merchandise consists of certain heart rate monitors and
pulsemeters identified by the importer as the Model 8719 Heart
Speedometer and 8829 Pulseminder, Model 8901 Heartminder, Model
45910 CycloVantage, Heart Rate Monitor Models 8733, 8799, 45900,
45920 and 45930, and the Exersentry Model EXIIIA.
The Model 8719 Heart Speedometer and 8829 Pulseminder are
usually mounted on exercise bicycles and display pulse rate and
elapsed time. The articles have photoelectric ear lobe pulse
sensors. The Model 8829 also contains high and low alarms
indicating pulse beats outside the target zone.
The Model 8901 Heartminder is a heart rate monitor with
electrode sensors which are mounted on the handlebars of exercise
bicycles. The hands of the user cover the unit's electrode
sensors as the handlebars are gripped. This unit also displays
elapsed time and has high and low alarms.
The Model 45910 CycloVantage is a combination cyclocomputer-
heart rate monitor which displays cadence, speed, distance and
elapsed time in addition to heart rate. It also has a stopwatch,
high/low alarm and the ability to download data in memory into a
computer. This product consists of a belt with electrodes, a
transmitter which snaps onto the belt, and a wristwatch receiver
which displays information as it receives electric signals from
the transmitter. The bicycle speedometer input comes from wheel
and pedal sensors and magnets.
The Heart Rate Monitor Models 8733, 8799, 45900, 45920 and
45930 are heart rate monitors which consist of an electrode
belt, transmitter and wristwatch receiver. All models have high
and low alarms and all but the Model 45930 display elapsed time.
The Models 8799 and 45920 can download information stored within
the wristwatch receiver component into a computer through a
The Exersentry Model EXIIIA is a heart rate monitor with
electrode sensors and high and low alarms.
Is the merchandise classified in Heading 9029 as tachometers
or speedometers, or in Heading 9031 as measuring or checking
instruments, not specified or included elsewhere?
LAW AND ANALYSIS:
Heading 9029 in part describes speedometers and tachometers.
The Explanatory Notes to Heading 9029, p. 1523, provide that
speed indicators and tachometers "...indicate the number of
revolutions, speed, output, etc., per unit of time (e.g.,
revolutions per minute, miles per hour, kilometers per hour,
metres per minute)" (emphasis in original).
The products under consideration indicate pulses per minute
and heartbeats per minute. Heart rate and speed of blood flow
are not specifically described by the Explanatory Notes as
variables measured by Heading 9028 tachometers and speedometers.
The relevant Explanatory Note language, however, does not limit
the measured variables to those specifically named. There is
ample support for the position that articles which measure pulse
and heart rate are specialized types of tachometers described as
hemotachometers and cardiotachometers. The Random House
Dictionary of the English Language, Random House, Inc. (1973),
defines "tachometer" as follows:
1. any of various instruments for measuring or
indicating velocity or speed, as of a machine,
a river, the blood, etc...
The International Dictionary of Medicine and Biology, John Wiley
& Sons (1986), defines "tachometer" as follows:
An instrument that measures speed or rate, such as
Stedman's Medical Dictionary, 23rd Ed., Williams & Wilkins
Company (1976) defines "tachometer" as follows:
An instrument for measuring the speed or rate of
something; e.g., revolutions of a shaft, heart
rate (cardiotachometer), arterial blood flow
See also Taber's Cyclopedic Medical Dictionary, 14th Ed., F. A.
Davis Company (1981); Gould's Medical Dictionary, 5th Ed., The
Blakiston Company (1941).
The products under consideration would not be excluded from
Heading 9029 merely because they have some features (e.g.,
elapsed time display, computer downloading capability) which do
not directly indicate certain events per unit of time. The
Explanatory Notes to Heading 9029 provide that Heading 9029
articles can include features related to the tachometer or
speedometer function. The Explanatory Notes, p. 1523, provide:
Speed indicators and tachometers of this heading
may be fixed or portable, simple or multi-function
(e.g., maximum or minimum)...combined with an adding
counter or a time meter or graphical recording device,
etc. The heading also covers certain instruments which
simultaneously record speed, mileage, time in motion
and at a standstill, etc.
Subheading 9029.20.20 describes bicycle speedometers.
Subheading 9029.20.40 describes other speedometers and
tachometers. The cyclocomputer component of the CycloVantage
Model 45910 functions as a bicycle speedometer. The essential
character of the Model 45910, however, is not imparted by the
bicycle speedometer. The CycloVantage Model 45910 costs only 17%
more than the Heart Rate Monitor Model 45900, which is
essentially a CycloVantage without the bicycle speedometer
component. It is unlikely that the consumer would purchase the
product as a bicycle speedometer. By the application of GRI 6,
the CycloVantage Model 45910 is classified as an other
speedometer or tachometer in subheading 9029.20.40.
The Model 8719 Heart Speedometer and 8829 Pulseminder, Model
8901 Heartminder, Model 45910 CycloVantage, Heart Rate Monitor
Models 8733, 8799, 45900, 45920 and 45930, and the Exersentry
Model EXIIIA are classified as other speedometers or tachometers
in 9029.20.40, HTSUSA.
The Model 8719 Heart Speedometer and 8829 Pulseminder,
Model 8901 Heartminder, Model 45910 CycloVantage, Heart Rate
Monitor Models 8733, 8799, 45900, 45920 and 45930, and the
Exersentry Model EXIIIA are classified as other speedometers or
tachometers in 9029.20.40, HTSUSA.
John Durant, Director
Commercial Rulings Division