HQ 0084215 - Computer mice - United States International Trade Commision Rulings

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HQ 084215

October 24, 1989

CLA-2 CO:R:C:G 084215 AJS

CATEGORY: CLASSIFICATION

TARIFF NO: 8471.92.90; 8473.30.40

Irving W. Smith, Jr.
Attorney-at-Law
Law Offices of George Tuttle
1331 Pennsylvania Avenue, N.W.
Suite 1200F
Washington, D.C. 20004

RE: Computer mice

Dear Mr. Smith

Your letter of December 14, 1988, requesting a ruling on the tariff classification of optical/mechanical and electrical/mechanical computer mice under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) has been referred to this office for reply.

In ruling HQ 083187 (copy attached), this office ruled that optical/mechanical mice are classified within subheading 8471.92.90, HTSUSA, which provides for other input units of automatic data processing machines dutiable at the rate of 3.7 percent ad valorem. The facts in your case regarding the optical/mechanical mouse are substantially the same as HQ 083187, which controls the disposition of your merchandise.

The electrical/mechanical model is also subject to HQ 083187, despite the slightly different components in part of the mouse. Specifically, this refers to the replacement of light emitting diodes and optical sensors described in the optical/mechanical mouse with electrical contact switches in the electrical/mechanical model. This described change does not affect the classification of the electrical/mechanical mouse, which is also classifiable within subheading 8471.92.90.

In reference to the parts for computer mice, this office agrees that they are classifiable within subheading 8473.30.40, HTSUSA, which provides for parts of the machines of heading 8471.

This conclusion is based on the fact that the mouse itself is a machine classified within heading 8471, and these parts are suitable for use solely or principally with a mouse. In addition, no other provision exists that specifically provides for these parts. If a provision did exist which would provide specifically for these parts they would be classifiable within that provision. Additional U.S. Rule of Interpretation 1(c).

In conclusion, both the optical/mechanical and electrical/mechanical mouse are classifiable within subheading 8471.92.90, HTSUSA. Parts of these articles are classifiable within subheading 8473.30.40, HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division

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