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NY C85792




April 1, 1998

CLA-2-84:RR:NC:1:110 C85792

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.41.0095; 8471.50.0085

Ms. Susan Gleason
Fujitsu America, Inc.
3055 Orchard Drive,
San Jose, CA 95134-2022

RE: The tariff classification of laptop computers without keyboard or without input device including keyboard and dome point from Japan.

Dear Ms. Gleason:

In your letter dated March 24, 1998, you requested a tariff classification ruling.

The merchandise under consideration involves laptop computers imported with the following configurations: 1- without keyboards, and 2- with no input devices including keyboards and dome points (pointing device).

In configuration 1, the laptop computer will contain the following components; a LCD display; hard disk drive/CD-ROM drive; battery; dome point, and the motherboard with a central processing unit. The laptop is entered assembled, missing the keyboard and "Windows" software. After importation, keyboards will be installed and Windows will be loaded into these laptop computers.

In the second configuration the laptop computer will contain a LCD display, hard disk drive/CD-ROM drive, battery and a main logic board with a CPU unit. It will be imported into the United States assembled; however, there will be no keyboard or dome point or any other input device nor Windows installed. After importation, all of the missing components will be installed.

At the time of importation, laptops in both configurations have missing keyboards; therefore, they do not meet the criteria under subheading 8471.30.00. Configuration 1 would qualify under subheading 8471.41, since it contains in the same housing at least a processing unit, plus an input and output unit. The dome point (input unit) is connected directly to the motherboard of the laptop computer and is used to control the placement of the cursor at data or menu selections on the LCD display which functions as the output unit. It uses a track ball to generate signals which are received by the logic board. By pushing a dome point selector button, the information is entered into the laptop unit. Thus it satisfies the description of an input device.

Configuration 2 does not have a keyboard, dome point or any other input unit at the time of importation. It thus would be precluded from consideration under subheadings 8471.30, 8471.41, and 8471.49 as a system since it does not meet the requirement of Subheading Legal Note 1 to Chapter 84, HTS (lacks an input unit).

The applicable subheading for configuration 1, which consists of the laptop computers without keyboards will be 8471.41.0095, Harmonized Tariff Schedule of the United States (HTS), which provides for other digital automatic data processing machines. The rate of duty will be 1.4 percent ad valorem.

The applicable subheading for configuration 2, which consists of the laptop computers with no input devices including keyboards and dome points (pointing device), will be 8471.50.0085, HTS, which provides for digital processing units other than those of subheading 8471.41 and 8471.49. The rate of duty will be free.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Art Brodbeck at 212-466-5490.

Sincerely,

Robert B. Swierupski
Director,

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