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NY D83405




October 15, 1998

CLA-2-84:RR:NC:1:110 D83405

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.5000

Mr. Joseph A. Startare
Jade International, Inc.
Folcroft West Business Park
Bay 102, Georgetown Building
Folcroft, PA 19032-0469

RE: The tariff classification of a Mouse Pad from China

Dear Mr. Startare:

In your letter dated September 29, 1998, on behalf of Computer Expressions Inc., you requested a tariff classification ruling.

The merchandise under consideration involves a liquid-filled "Aqua Pad" mouse pad, that is designed for use with desk-top computers.

The "Aqua Pad" mouse pad consists essentially of two layers of plastic sheeting. The base layer is printed and the top layer is transparent. Between the two layers of plastic is a non-toxic liquid (water) that is permanently double-sealed by heat, and a few floating graphic articles float in the liquid. The mouse pad has rounded edges and is approximately 9.25 inches in length and 8 inches in width.

This "Aqua Pad" is designed and principally used with ADP input units such as mouses, and meets the definition of an "accessory" as outlined in the Explanatory Notes to Heading 8473 of the HTS. Since this mouse pad is primarily constructed of plastic, and is not in sheet format, the exclusion provisions under Legal Note 1 (a) and 1 (e) for Section XVI, HTS, would not be applicable.

The applicable subheading for the "Aqua Pad" mouse pad will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of the machines of heading 8471. 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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