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.