In ruling NY N305951, Customs and Border Protection determined the classification of the from China. The item is a battery-operated, hand-held, Bluetooth connected device that measures the force enacted by the user. Using their hand, knee or foot to apply force, the user will attempt to keep the target pressure the program is looking for. The Activ5 app coaches the user by demonstrating the correct pose and instructing the user to push harder or less hard throughout the exercise. The software on the device allows the user to track the strength, symmetry and progression over time.

The applicable subheading for the Activ5 portable fitness and strength device 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 free.

Products of China classified under subheading 9031.80.8085, HTSUS, unless specifically excluded, are subject to Section 301 List 1 additional 25 percent ad valorem rate of duty.  At the time of importation, 9903.88.01, in addition to subheading 9031.80.8085, HTSUS, must be reported.

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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

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