New Connectivity Features on Fitbit Models Result in Different Classification, CBP Says
Newer models of Fitbit fitness tracking devices that use Bluetooth connections mean the devices deserve classification similar to smart watches, CBP said in an April 5 ruling (here). Fitbit requested a further review of protest after CBP reliquidated a shipment of devices in 2016. CBP reliquidated the entry under heading 9031 as "measuring or checking instruments," the classification used for other Fitbit trackers in the past. The agency reconsidered that classification as a result of new features on the devices, it said.
At issue are three newer Fitbit models that all use Bluetooth connections to pair with "smart devices," CBP said. While CBP in 2009 classified the first generation Fitbit model in heading 9031, the newer versions "are more sophisticated and function differently," the agency said. The older model "could communicate wirelessly with a base station connected to a computer, but could not pair with a smart device via a Bluetooth transceiver like the instant devices," CBP said. That version also predated the "Fitbit App, which permits the user to access the full range of functions on their paired smart device," CBP said.
Similar to smart watches (see 1508050029), the Fitbits should be classified based on the essential character "imparted by its wireless communication capabilities," CBP said. The newer Fitbits "require the Bluetooth transceiver to communicate with the paired smart device, which in turn permits the user to utilize the full functionality of the device," CBP said. Therefore, the Fitbits are best classified as a radio transceiver in duty-free subheading 8517.62.00, which provides for, “Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus,” CBP said.