&&The product of this advance ruling is a LifeTrak Brite R450 24 hour Life Tracker. It is a product the consumer would use daily as an activity tracker worn on the wrist. It combines accurate ECG heart rate monitoring with precise calories burned. It also has a “Light Track” that measures overall light exposure levels; enhanced step filtering and dynamic distance calibration; a “Sleep Trak II” component that automatically detects sleep, nap and wake cycles; provides notifications to your smart phone and is completely wireless and Bluetooth Smart.

&&This activity tracker has several functions. Its primary function is an ECG heart rate monitor/calorie burner monitor that is based upon personal height/weight/age information entered into unit, it also functions as a pedometer/distance counter accurately monitoring steps taken and overall distance measurement; a sleep quality monitor based upon motion, arm posture and ambient light, and a LightTrak feature that continuously measures overall light exposure levels.&&&&The watch function is secondary to the activity monitoring functions as the time mechanism is required for the heart rate function. The measurement of time is achieved through the timing mechanism in the product.&&&&The product also stores the data for review. It offers Bluetooth smart connectivity to your smartphone or tablet. The unit does not incorporate a monitoring belt but is an all-in-one unit that has sensors on the underside to detect the pulse and a time mechanism to calculate the heart beats per minute. It is battery operated with an LCD screen. This activity monitor measures the heart’s electrical signal (ECG) by way of two separate points of contact made on the surface of the skin, and then converting that signal into a numerical value to display to the user. The electrical signal that passes through the body as a result of the beating action of the heart is able to be monitored and calculated.&&&&Legal Note 3 to Chapter 90 directs that the provisions of Legal Notes 3 and 4 to section XVI apply to this Chapter. Those notes direct that goods which perform multiple functions are classified by the component or machine that performs the principal function. In this case, the principle function of the LifeTrak Core C200 is considered to be a heart rate monitor. For guidance on determining the correct tariff classification of heart rate monitors, we must refer to a decision of the Canadian International Trade tribunal (CITT) rendered on appeal number AP-99-061. In its decision, the CITT determined that heart rate monitors are classified under subheading 9029.20 as tachometers. The primary function of the LifeTrak Brite R250 is a heart rate monitor; therefore, it is classified as a tachometer.&&