HQ 0950679 - Protest number 3001-91-100953; Mountable Trackball; Computer mouse; HQ 083187; EN 84.71(I)(A); H. Conf. Rep. No. 576; Subheading 8473.30.40; Additional U.S. Rule of Interpretation - United States International Trade Commision Rulings

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HQ 950679

July 1, 1992

CLA-2 CO:R:C:M 950679 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.92.90

District Director
U.S. Customs Service
909 First Avenue
Room 2039
Seattle, WA 98174

RE: Protest number 3001-91-100953; Mountable Trackball; Computer mouse; HQ 083187; EN 84.71(I)(A); H. Conf. Rep. No. 576; Subheading 8473.30.40; Additional U.S. Rule of Interpretation

Dear District Director:

Protest for further review number 3001-91-100953, dated 9/12/91, was filed against the tariff classification of the "Mountable Trackball" within subheading 8471.92.90, Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The subject article is referred to as the "Mountable Trackball" (MT). It is a type of computer mouse which is specifically designed to be mounted directly onto a portable laptop computer for either lefthanded or righthanded users in areas with a minimal amount of workspace. It may also be used on a flat "desktop" surface. The MT is used to generate a cursor on the data or menu selections of a computer screen or at the place where data is to be input through the keyboard. By pushing a selector button on the MT, the data or menu selection is entered into the computer. With the use of specific software, it can also be used to create a graphic illustration on the screen.

The MT consists essentially of a ball which is implanted by a spring loaded connector into a one-inch thick semicircular housing, that is itself attached to a laptop frame with two metal
jaws. Internally, two shaft encoders mounted in contact with the ball spin on X and Y axis, depending on which direction the ball is rolled; in turn, quadrature signals generated by the encoders are converted by the microprocessor in the trackball to create the cursor.

ISSUE:

Whether the subject MT is properly classifiable within subheading 8471.92.90, HTSUS, which provides for "other" input units of automatic data processing (ADP) machines; or classifiable within subheading 8473.30.40, HTSUS, which provides for parts and accessories of the machines of heading 8471 which do not incorporate a cathode ray tube (CRT).

LAW AND ANALYSIS:

In HQ 083187 (10/16/89), Customs addressed the classifi- cation of a similar computer mouse (i.e., the Mitsi Mouse). We ruled that this type of mouse is described within subheading 8471.92.90, HTSUS, as an "other" input unit. The subject MT is a similar device which performs essentially the same type of input function. While the MT is different from the Mitsi Mouse in that it is mounted on the computer, it also allows the user to input data or menu selections into an ADP machine or system. Accord- ingly, we find this ruling instructive for determining that the MT is also described within subheading 8471.92.90, HTSUS.

Counsel argues that the MT is excluded from subheading 8471.92.90, HTSUS, based on the claim that it does not in fact input data. The Harmonized Commodity Description and Coding System Explanatory Note (EN) for heading 8471, HTSUS, states that input units receive input data and convert it into signals which can be processed by the machine. EN 84.71(I)(A), p. 1298 (1992). The MT satisfies this description. It uses a ball to generate signals which are received by the microprocessor of the MT, and then converted into a cursor on the computer screen. The cursor may be positioned on data or menu selections by moving the ball. By pushing a selector button on the mouse, the information under the cursor is entered into the computer. While the ENs are not dispositive, they provide a commentary on the scope of each heading and offer guidance for interpretation of the HTSUS. H. Conf. Rep. No. 576, 100th Cong., 2d Sess., p. 550, reprinted in 1988 U.S. CODE CONG. & ADMIN. NEWS p. 1582. Thus, we consider the above EN instructive for determining that the subject MT satisfies the description of an input unit.

Subheading 8473.30.40, HTSUS, provides for parts and accessories of the machines of heading 8471 which do not incorporate a CRT. It is argued that the subject MT is
classifiable as an accessory of an ADP machine within this subheading. However, a provision for "parts and accessories" does not prevail over a specific provision for such part or accessory. Additional U.S. Rule of Interpretation 1(c). A provision for input units is a specific provision for the subject MT. Consequently, the MT is precluded from classification within subheading 8473.30.40, HTSUS, by the application of the above legal note. In HQ 083187, we also excluded the Mitsi Mouse from this subheading for the same reason.

HOLDING:

The "Mountable Trackball" computer mouse is classifiable within subheading 8471.92.90, HTSUS, which provides for "other" input units. You should deny the protest in full. A copy of this decision should be attached to the Customs Form 19 and mailed to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director
Commercial Rulings Division

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