NY 804249 - The tariff classification of a Wireless Messaging Device ("WMD") from Japan. - United States International Trade Commision Rulings

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NY 804249

November 30, 1994

CLA-2-84:S:N:N1:110 804249

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.99.1500

Mr. Kenneth G. Weigel
Kirkland & Ellis
655 Fifteenth Street, N.W.
Washington, D.C. 20005

RE: The tariff classification of a Wireless Messaging Device ("WMD") from Japan.

Dear Mr. Weigel:

In your letter dated November 14, 1994, on behalf of Socket Communications, Inc., you requested a tariff classification ruling.

The merchandise under consideration involves a wireless messaging device that allows for the wireless transmission of data from the host computer via modem to a paging network for transmission to the wireless messaging device which transfers it to another computer.

The "WMD" is basically a board that is added to a notebook computer. The electronic information received by the WMD is transferred to the portable notebook computer via the industry standard Personal Computer Memory Card International Association computer interface or bus (PCMCIA slot). The WMD is also a pager, and as such, can receive messages. Some of the more common uses for this device will include stock quote updates, foreign currency information updates, truck routing information and dispatch updates, and sales price and inventory updates.

Only those notebook computers with a PCMCIA slot will be able to utilize the WMD. The storage capability of this adapter device is 128 KBytes of memory. Spreadsheets, word processing, data bases, etc., in the portable computer can therefore be updated using the WMD. The pager component that is part of this unit incorporates an LED device, and the complete device is approximately 5 1/4 inches in length, and 2 1/4 inches in width.

The WMD is a composite article within the context of Legal Note 3 to Section 16 of the HTS. Much like the ethernet board that is used with desk-top computers, this wireless messaging device appears to be principally used as an interconnection device between one computer and a mobile notebook computer, and thus meets the definition of a control or adapter unit.

The applicable subheading for the wireless messaging device will be 8471.99.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for control or adapter units. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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