The Garmin VivoActive HR (herein “VivoActive”) and the VivoSmart HR/HR+ (herein “VivoSmart”). The VivoActive is described as a Global Position System (“GPS”) smartwatch with wrist-based heart rate. The VivoActive is worn on a user’s wrist and designed to manage data and support personal fitness. Garmin states that the VivoActive is a multifunctional electronic wearable device which pairs with a smartphone or tablet (herein a “smart device”), and that features enhanced capability. The VivoActive pairs with a smart device via a radio Bluetooth transceiver. While paired with the smart device, the VivoActive can notify the user of incoming calls, preview emails, issue calendar alerts, receive texts and social media updates, and play stored music from the host device. The user is able to track health and fitness-related activities recorded by the device and can view the data on an application (“app”) on the smart device. The data that can be tracked by the VivoActive are the user’s heart rate, number of steps, calories burned, floors climbed, activity intensity and sleep quality. You state that Garmin employs a cloud-based system called “Garmin Connect.” Garmin Connect is an online training tool to store, analyze and share users’ fitness activities. The VivoActive also contains a barometric altimeter, a 3-axis accelerometer, a light sensor and magnetometer. It also functions as a watch, and can display the time and date when other options are not in use. The VivoSmart is available in two versions, the VivoSmart HR and VivoSmart HR+. The VivoSmart is an electronic device that is worn on a person’s wrist and designed to manage data and support personal fitness. The VivoSmart HR+ features GPS capability, the VivoSmart HR does not. The VivoSmart is a multifunctional device that pairs with a smartphone or tablet. The major functions of the device, while paired with a smart device, include notification of calls, email previews, calendar alerts, receiving texts, updates on social media, streaming music stored from the host device. The VivoSmart is designed and marketed to make use of the Garmin Connect system using the Garmin Connect app on a smart device, and through it the user can track health and fitness-related activities recorded by the VivoSmart. The VivoSmart also displays the biometric and activity data it captures. That data includes: heart rate, steps taken, calories burned, floors climbed, activity intensity and sleep quality. The VivoSmart also functions as a watch, and displays the time, day and date.
[1] Please importantly note that only the relevant portion of the related is displayed above. You may refer to the said customs ruling for the entire ruling explanation.
[1]. https://rulings.cbp.gov/ruling/H273382