CLA-2-90:OT:RR:NC:1:105
Mr. Gordon Anderson
C.H. Robinson Worldwide, Inc.
14800 Charlson Road
Suite 400
Eden Prairie, MN 55347
RE: The tariff classification of a bicycle computer from China.
Dear Mr. Anderson:
In your letter dated March 23, 2009, for Pacific Cycle Inc., you requested a tariff classification ruling. A sample was provided.
The sample, a Schwinn 17 function cycle computer per its packaging, is an electronic module with two digital readouts, the larger on top, a small magnet that is attached to a wheel spoke, and a sensor which is attached to the front fork and whose output is connected by wire to an input on the module.
You state, “The computer unit is programmed to calculate wheel size so that it will properly measure speed and other units of measure.” However, per the instructions, the user manually measures the wheel’s diameter, multiplies it by Pi, and then manually inputs that “wheel factor,” i.e., the circumference of the wheel. The instructions provide a printed listing of precalculated “wheel factors” for users who know the tire size, but the user would still manually enter the “wheel factor” into the module. The circumference of the wheel is necessary for the odometer/speedometer function since the supplied sensor is only sending a pulse to the module each time that the wheel makes one revolution.
The magnet and the sensor are needed primarily for the speedometer and odometer functions.
The larger, top digital readout is always the current speed in MPH or KmPH.
The first use noted for the lower readout is the odometer. The lower readout can also display the trip time, maximum or average speed, air temperature, or calories/fat consumed. The calories/fat consumed is clearly just an estimate based on the rider’s input of weight and age combined with the speed and distance information. It has no way to compensate for hills, wind, etc.
HTSUS Heading 9029, which describes both speedometers and odometers, provides the sample’s essential character.
Within 9029, the speedometer function is, at minimum, described by the later subheading which equally merits consideration in providing its essential character.
The applicable subheading for the your sample will be 9029.20.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Bicycle speedometers. The rate of duty will be 6.0 percent ad valorem.
You asked if a secondary classification would apply under HTSUS 9902.24.65, which provides temporarily for a free rate of duty for Bicycle speedometers (provided for in subheading 9029.20.20.) Yes, it does.
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
National Commodity Specialist Division