HQ 951233: Postu-Mind; Breathing Trainer; GRI 3(b); EN 85.31; 6307; EN63.07

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 951233

                         April 16, 1992
                                                               


CLA-2 CO:R:C:M  951233 LTO

CATEGORY:  Classification

TARIFF NO.:  8531.80.00

Mr. Ralph L. Garcia
227 Turner Road
Newnan, Georgia 30263

RE:   Postu-Mind; Breathing Trainer; GRI 3(b); EN 85.31; 6307; EN
63.07

Dear Mr. Garcia:

     This is in response to your letter of February 12, 1992
requesting the classification of the Postu-Mind and the Breathing
Trainer under the Harmonized Tariff Schedule of the United States
(HTSUS).  Your letter was referred to this office for a response. 

FACTS:

     The articles in question are the Postu-Mind and the
Breathing Trainer, which will be imported from Poland.  The
Postu-Mind is a lightweight textile strap designed to be worn
over the shoulders and across the upper back.  In the center of
the strap, there is a small electronic circuit board, pressure
sensor and receptacle for two (watch-type) batteries.  You stated
that the product is intended to be used by people for posture
attention.  Once in place, if the user slouches or pulls their
shoulders forward, the sensor in the circuit board emanates a low
level beeping tone.  

     The Breathing Trainer is a lightweight textile strap
designed to be worn around the abdomen.  The strap contains a
small electronic circuit board, pressure sensor and receptacle
for two (watch-type) batteries.  You stated that the product is
intended to be used by people who want to learn better breathing
control for singing.  When the user is breathing properly (from
the diaphragm), the sensor on the electronic circuit board
emanates a low level beeping tone indicating proper breathing
control.
                             - 2 -

ISSUE:

     Whether the Postu-Mind and the Breathing Trainer are
classifiable as electric signaling apparatus under Heading 8531,
HTSUS, or as made up textile articles under Heading 6307, HTSUS. 

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule.  GRI 1
states in pertinent part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ."
     
     The Postu-Mind and the Breathing Trainer consist of a
lightweight strap, a small electronic circuit board, a pressure
sensor and a receptacle for two (watch-type) batteries.  Both are
used for their ability to signal the user by emitting a low level
beeper tone.  The Postu-Mind "beeps" when the user slouches or
pulls their shoulders forward.  The Breathing Trainer "beeps"
when the user is breathing from the diaphragm.

     Heading 8531, HTSUS, provides for "[e]lectric sound or
visual signaling apparatus (for example, bells, sirens, indicator
panels, burglar or fire alarms), other than those of heading 8512
or 8530."  Headings 8512 and 8530, HTSUS, describe electrical
signalling equipment of a kind used for cycles, motor vehicles,
or safety and traffic control equipment, and are, therefore,
inapplicable.

     The Harmonized Commodity Description and Coding System
Explanatory Notes (EN) constitute the Customs Co-operation
Council's official interpretation of the Harmonized System. 
While not legally binding, they provide a commentary on the scope
of each heading of the Harmonized System, and are thus useful in
ascertaining classification under the System.  EN 85.31, pg.
1381, states that Heading 8531, HTSUS, "covers all electrical
apparatus used for signalling purposes, whether using sound for
the transmission of the signal (bells, buzzers, hooters, etc.) or
using visual indication . . ., and whether operated by hand
(e.g., door bells) or automatically (e.g., burglar alarms)."  

     The function of both the Postu-Mind and the Breathing
Trainer is to signal the user by emitting a low level beeping
tone when either the user slouches, pulls their shoulders
forward, or breathes properly.  As such, the signaling devices
(the circuit board, pressure sensor and battery receptacle)
contained in the articles in question are prima facie
classifiable under Heading 8531, HTSUS.

                             - 3 -

     The straps for both the Postu-Mind and the Breathing Trainer
are prima facie classifiable under Heading 6307, HTSUS, which
provides for "[o]ther made up articles, including dress
patterns."  EN 63.07, pg. 867, states that this heading "covers
made up articles of any textile material which are not included
more specifically in other headings of Section XI or elsewhere in
the Nomenclature [emphasis in original]."

     GRI 3(b) states that "[w]hen, by application of rule 2(b) or
for any other reason, goods are, prima facie, classifiable under
two or more headings, classification shall be effected as follows
[emphasis in original]:"  
     
     [C]omposite goods consisting of different materials
     or made up of different components . . . which 
     cannot be classified by reference to 3(a), shall be
     classified as if they consisted of the material or
     component which gives them their essential 
     character, insofar as this criterion is applicable.

It is our opinion that the signaling device is the component
which provides the Postu-Mind and the Breathing Trainer with
their essential character.  Thus, the articles in question are
classifiable under Heading 8531, HTSUS, specifically under
subheading 8531.80.00, HTSUS, which describes other electric
sound signaling apparatus.

HOLDING:

     The Postu-Mind and the Breathing Trainer are properly
classifiable under subheading 8531.80.00, HTSUS, which provides
for "[e]lectric sound or visual signaling apparatus (for example,
bells, sirens, indicator panels, burglar or fire alarms), . . .
[o]ther apparatus."  The corresponding rate of duty for articles
of this subheading is 2.7% ad valorem.  However, because Poland
is a designated beneficiary developing country, the rate of duty
is free if the regulations for the Generalized System of
Preferences are met.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division