CLA-2-85:OT:RR:NC:N2:209
John Preis
Garmin International
1200 E. 151st St. Olathe, KS 66062
RE: The tariff classification of a wrist worn fitness tracker from Taiwan
Dear Mr. Preis:
In your letter dated February 9, 2024, you requested a tariff classification ruling.
The item concerned is the Forerunner® 245 fitness tracker. The Forerunner® 245 is a multifunctional electronic wearable device which pairs through its bi-directional open wireless Bluetooth technology with a smartphone, tablet or computer. The primary purpose of the web and mobile applications is to store and display longer term activity data and statistics while connecting to a social community for Forerunner® 245 users.
The Bluetooth capability is essential to the use and operation of the device as the Forerunner® 245 has limited functionality until it has been paired and properly configured. The Bluetooth radio transceiver enables the Forerunner® 245 to communicate wirelessly with a paired, internet-connected mobile device to display, manipulate, and store data via the use of executable apps. Continued synching allows for full utilization of all product features and, importantly, the social networking connectivity that drives the market for wearables today.
Features of the device using wireless connectivity include:
Downloadable watch faces, data fields, widgets, workouts, courses and app
weather updates
Garmin Connect™ Mobile - Automatically sends activity to the mobile app on connected device
Smart Bluetooth Notifications (calls, messages, etc.)
Text Response/Reject Phone Calls with Text
Music controls
Social media updates
The Forerunner® 245 is designed and marketed to highlight the cloud-based Garmin Connect™ service by tracking certain health and fitness-related activities recorded by the device, which through the smartphone pairing can then be viewed on the app. The specific personal activities which can be tracked and reviewed by glancing at the device’s readout allow for real-time insights into daily performance and future fitness milestones. These features rely on the interlink to Garmin Connect™ via the paired smartphone or computer for fitness analysis and sharing on the social network.
The applicable subheading for the Forerunner® 245 will be 8517.62.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephone sets, including smartphones and other telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The general rate of duty will be Free.
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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Steven Pollichino at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division