CLA-2-90:OT:RR:NC:N4:405
DeeDee DeSmet
Adidas Group
5055 N. Greeley Avenue Portland, OR 97217
RE: The tariff classification of the miCoach Connect and the miCoach Heart Rate Monitor from Malaysia
Dear Ms. DeSmet:
In your letter dated June 24, 2011, you requested a tariff classification ruling. Samples were provided.
The merchandise at issue in your ruling request consists of the Adidas miCoach Connect (article V42037) imported by itself, and a bundle package of the miCoach Connect with the Adidas Heart Rate Monitor with textile strap (article V42040) imported together as a set packaged for retail sale. The miCoach Connect is a low power RF transceiver designed for exclusive use with the Apple iPhone and iPod Touch. The miCoach Connect plugs into the 30-pin dock connector on the iPhone or iPod Touch. When connected the miCoach Connect receives data wirelessly from compatible devices such as the miCoach Heart Rate Monitor for use with Adidas miCoach applications that can be installed on the iPhone or iPod Touch. The device does not have any onboard power. Based on the description provided, you have stated that the miCoach Connect receives data wirelessly from the heart monitor. However, although the device is referred to as a transceiver, there is no indication within your submission that the miCoach Connect also transmits. As such, this ruling will provide for the classification of the miCoach Connect as a device that only receives data and does not transmit that data to another device. The miCoach Connect with Adidas Heart Rate Monitor bundle package consists of the abovementioned miCoach Connect along with the miCoach Heart Rate Monitor with textile strap packaged together as a set for retail sale. The miCoach Heart Rate Monitor included in this bundle is identical to the one described in New York Ruling Letter N170438, dated July 5, 2011. The Heart Rate Monitor with textile strap is designed to determine the heart rate of a user and deliver that information wirelessly to a compatible receiver. The Heart Rate Monitor itself is a small electronic device that is affixed to the accompanying textile strap. The textile strap contains electrodes that will be worn against the user’s skin, and the signals from those electrodes are received by the Heart Rate Monitor when it is attached to the strap. When the two components are combined they form an apparatus similar to the Adidas Chest Strap described in New York Ruling Letter N017407, dated October 10, 2007.
The miCoach Connect with Adidas Heart Rate Monitor bundle package is a set in which the Heart Rate Monitor, at a minimum, is described by the last heading that equally merits consideration in supplying the essential character to the bundle package, in accordance with HTSUS General Rule of Interpretation 3(c).
The applicable subheading for the miCoach Connect, when imported separately, will be 8517.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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 are network): Other. The rate of duty will be free.
The applicable subheading for the miCoach Connect with Adidas Heart Rate Monitor with textile strap bundle package will be 9029.20.4080, HTSUS, which provides for "other" speedometers and tachometers. The 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 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 miCoach Connect, contact National Import Specialist Linda Hackett at (646) 733-3015. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division