In ruling NY N306613, Customs and Border Protection (CBP) determined the classification of the Feel Emotion Sensor, which is an electronic wearable device used to track heart rate, skin temperature and skin conductance. Via this wristband, five embedded sensors collect certain biometric indicators. The wristband contains a three-axis accelerometer used by the connected smart device to detect wrist motion and remove noise from the measured bio signals. There is also an ambient temperature and humidity sensor, which is used to determine the environmental temperature and humidity conditions. The sensors provide raw data, which it then converts to an appropriate machine format where the smart device performs certain calculations. A vibration motor is used to notify the user about a detected measurement (which the company calls an emotion) as well as for alerting the user that the wristband position requires realignment.

The Feel Emotion Sensor is considered to be a composite good by CBP, and no one component imparts the essential character to the item. CBP believes that the tracking of the heart rate in heading 9029, HTSUS, merits equal consideration to the accelerometer in heading 9031, HTSUS. Therefore, classification will be determined based on the competing heading that occurs last in numerical order. GRI 3(c) noted.

CBP determined that the applicable subheading for the Feel Emotion Sensor will be 9031.80.8085, HTSUS, which provides for “Measuring and 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.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9031.80.8085, HTSUS, unless specifically excluded, are subject to the List 1 25% 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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