CLA-2-90:OT:RR:NC:N4:405
Karen Yost
C-Air Customhouse Brokers
6053 West Century Blvd. Suite 650
Los Angeles, CA 90045
RE: The tariff classification of an Exercise Peddler from China
Dear Ms. Yost:
In your letter dated October 12, 2009, on behalf of Nova Ortho-Med, Inc. you requested a tariff classification ruling. No sample was provided.
The merchandise at issue is Nova Ortho-Med’s Exercise Peddler with Digital Display. The device resembles a set of bicycle pedals on a small stand. Based on the photos provided with your submission, the Exercise Peddler can be used in one of two ways. It can be placed on the floor and a user can pedal with their feet while they are in the seated position. The device can also be placed on a table and a user can operate the pedals with their hands. An LCD digital display on the device shows the user’s exercise time, calories burned, revolution count, and revolutions per minute. You state that the device is designed to “assist physically challenged persons in improving or maintaining strength, coordination, and circulation in arms and/or strength.” You go on to state that “The intent is that these peddlers be offered to persons with limited ability for physical exercise.”
It is apparent that the device’s small size, combined with the limited range of motion of the pedals, makes it unsuitable for rigorous exercise. Much like the Flextend device described in Headquarters Ruling Letter 961734 - RTR, May 22, 1998, the Exercise Peddler is more of a Mechano-therapy appliance, as described by HTSUS Heading 9019, than an article for physical exercise. The Harmonized System Explanatory Notes to 9019 state that this heading covers “apparatus for improving the circulation, strengthening heart muscles and rehabilitating the lower limbs, consisting of a kind of wheel-less cycle fixed on a frame,” and “apparatus for rotation exercises of the wrist.” The Exercise Peddler can serve both purposes, as a user can operate it with their hands or their feet.
The applicable subheading for the Exercise Peddler will be 9019.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Mechano-therapy appliances. The rate of duty will be free.
In your submission you request secondary classification for the Exercise Peddler under HTSUS 9817.00.96, as articles for the handicapped. You state that the sales and marketing for this device are not aimed at the general public, and the device is not offered for sale at non-medically related outlets. HTSUS Chapter 98, Subchapter 17, U.S. Note 4 (b) excludes from classification in HTS 9817.00.96 both articles for acute or transient disability, and therapeutic and diagnostic articles. Although the Exercise Peddler is classified as a mechano-therapy appliance, it is not “therapeutic” for the purpose of Note 4. However, it “will not heal or cure the underlying disease”, like the eye surgery which will only improve vision is not “therapeutic” per Headquarters Ruling Letter 561940 – KSG, February 7, 2009. On the other hand, there is nothing to indicate that the Exercise Peddler is designed to be used exclusively by the permanently or chronically handicapped. The Exercise Peddler would appear to be quite beneficial to an individual who is undergoing rehabilitation after surgery or recovering from a broken limb (which would be considered transient disabilities). The use of this device by those who are not permanently or chronically handicapped is not “fugitive.” Taking this into account, the Exercise Peddler would not be eligible for secondary classification under HTS 9817.00.96.
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