CLA-2-62:OT:RR:NC:N3:354
Shawn Glover
UPS Trade Management Services, Inc.
2031 S. Centennial Ave.
Aiken, SC 29803
RE: The tariff classification of sets, consisting of compression garments with sensors, a data module and a USB cable.
Dear Sir or Madam:
In your letter dated January 13, 2015, you requested a tariff classification ruling, on behalf of your client, OMsignal.
The samples submitted are three separate sets of a compression vest or a compression shirt with sensors, a data module and a USB cable. You requested classification for the sets and also for the individual items.
The individual pieces are described as follows:
OM Endurance is a compression short sleeve shirt. OM Strength and OM Focus are compression vests. The garments are either made of 58% polyester, 20% nylon, 20% elastane , 2% other fiber, knit fabric or 55% polyester, 23% nylon, 20% elastane, 2% other fiber, knit fabric. This fabric is a heavy weight fabric. The garment features compression throughout and you state they increase blood circulation which aids in performance and recovery. All shirts have three sensors in the shirt measuring approximately 2.5 X .75 inches to monitor heart rate and a rip sensor elasticized band encircling the garment, which monitors breathing. The sensors sewn into the shirt are connected to the module port on the front left side of the shirt.
The data module measures approximately 3 X 2 inches. It snaps into place in the module port with 5 snaps. This data module acts as a gyrometer and an accelerometer. The sensors feed data to the module which then feeds data to a smartphone app via Bluetooth. The smartphone app processes the data to provide information to the user of his or her heart rate, breathing rate, breathing depth, activity intensity, steps walked, calories burned, and heart rate variability.
The USB cable is used to charge the data module by connecting it to a computer or a wall charger.
The essential character of the sets is imparted by the compression shirt with sensors.
The applicable subheading for the above compression shirts/vests, the data module and USB cable when imported into the United States as a set in retail packaging and the compression shirts/vests imported separately will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for which provides for “Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted, Other, of man-made fibers or man-made fibers and rubber or plastics.” The general rate of duty will be 6.6 percent ad valorem.
The applicable subheading for the data module, if imported separately, will be 9031.80.8085, HTSUS, which provides for “Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors; parts and accessories thereof: Other instruments, appliances and machines: Other: Other.” The rate of duty will be 1.7 percent ad valorem. You state that this item is made in the U.S. If all requirements are met concerning U.S. goods returned, this product may be eligible for a free rate of duty.
The applicable subheading for the USB cable, if imported separately, will be 8544.42.2000, HTSUS, which provides for “Insulated wire, cable…: Other electric conductors, for voltage not exceeding 1,000 volts: Fitted with connectors: Other: Of a kind used for telecommunications.” 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).
The samples will be returned to you under separate cover.
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 K. Lenore Ort at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division