April 18, 2007 CBP Bulletin Notice on Certain "Pods" Designed to Promote Weight Loss
In the April 25, 2007 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 41, No. 18), CBP published a notice revoking a ruling and treatment as follows:
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Revocation of ruling; revocation of treatment.CBP is revoking a ruling on the classification of certain "pods" designed to promote weight loss. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the revocation is effective for merchandise entered or withdrawn from warehouse for consumption on or after June 24, 2007.
"Pods" designed to promote weight loss. The merchandise is described as the "Silhouwell Fit" pod and "Silhouwell Comfort" pod. The "Silhouwell Fit" is an exercise machine that encloses the user up to the chest area while pedaling for exercise. This machine, or "pod", measures 8 feet in length, 3 feet in width, and 4 feet in height. It is a lounge-positioned stationary bike, the pod heats to between 35 and 37 degrees Celsius (95 to 98.6 degrees Fahrenheit). The pod also includes colored lights to provide mood lighting and promote feelings of well-being, and a DVD player and screen for the user to watch videos while pedaling. The Silhouwell Comfort is another "pod" measuring 8 feet in length, 3 feet in width, and 4 feet in height. It is contains an ergonomically designed seat which vibrates gently, the pod heats to 65 to 78 degrees Celsius (149 to 172 degrees Fahrenheit). It does not include bicycle pedals for exercise. The pod's heat therapy and vibration are used primarily for relaxation and massage, and to drain excess fluids from the body. It also includes colored lights and a DVD player. The two machines are sold together to beauty spas or similar service oriented businesses. The machines are not meant for resale to the retail consumer. The promotional literature states the purpose as promoting weight loss by targeting excess water retention and stubborn body fat.
CBP is issuing HQ H003373 in order to revoke NY M81992 and reclassify the subject merchandise separately as two different articles rather than as one composite good. The Silhouwell Fit is classified in subheading 9506.91.0030, which provides for "articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof", the Silhouwell Comfort is classified in subheading 8516.29.0090, which provides for: "other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof: Electric space heating apparatus and electric soil heating apparatus: Other, Other."
CBP changed its view as a result of additional information obtained about the merchandise after the issuance of NY M81992. CBP now recognizes that the two ''pods'' at issue are not a single composite good, but individual articles which must be classified separately. The Silhouwell Fit pod and the Silhouwell Comfort pod are articles that each incorporate several components, each one is classified pursuant to General Rules of Interpretation (GRI) 3(b) (which applies to composite goods, mixtures and sets), as if they consisted of the material or component which gives them their essential character.
New: 9506.91.0030, 4.6% and 8516.29.0090,3.7%; previous: 9506.91.0030, 4.6%
April 25, 2007 CBP Bulletin (Vol. 41, No. 18) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/