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January 7, 1999

CLA-2-85:RR:NC:1:108 D86051

CATEGORY: CLASSIFICATION

TARIFF NO.: 8527.90.8500,8524.99.4000,8544.51.9000

Mr. Alastair Moran
Livingston Trade Services
405 The West Mall
Toronto, Ontario Canada M9C 5K7

RE: The tariff classification of a pager kit and a pager cradle with an adapter plug from Canada and China.

Dear Mr. Moran:

In your letter dated December 17, 1998, on behalf of your client Research in Motion (RIM), you requested a tariff classification ruling.

The items in question are a pager kit and also a pager cradle with an adapter plug. The perspective transactions will concern two alternatives. The first will be the importation of a pager kit composed of the following items; a pager, pager cradle, computer adapter plug, plastic holster, battery, 5 floppy diskettes and printed instructions. The kit is primarily designed for use as a paging receiver, with alpha-numeric readout, with an additional interactive feature supported by an incorporated keypad. The interactive feature is further supported by the pager cradle and accompaining software. The cradle with the adapter plug enables the user to transfer messages from the pager to the computer and e-mail from the computer to the pager. The entire pager kit will be packaged for sale at the retail level. It should be noted that the software used to accomplish the interactivity feature is in the form of 3.5 inch diskettes.

The second alternative will be the importation of the pager cradle with the adapter plug. The cradle is specifically designed for the pager. It is a passive device without any electronic circuitry. The signal travels across the cable wire from the cradle to the pager device to the serial port of a PC and vice versa without the signal changed in any way by the cradle. The cradle is connected to the pager through a 14 pin connector.

The applicable subheading for the pager kit will be 8527.90.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for Reception apparatus for radiotelephony, radiotelegraphy or radiobroadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock: Other apparatus: Other: Paging receivers. The general rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the software, based upon Legal Note 6 of Chapter 85, will be 8524.99.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: Other: Other: Other. The rate of duty will be free. The applicable subheading for the pager cradle and adapter plug will be 8544.51.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other electrical conductors, for voltage exceeding 80v but not exceeding 1,000v: Fitted with connectors: Other: Other. The general rate of duty will be 2.6 percent ad valorem.

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 Michael Contino at 212-466-5672.

Sincerely,

Robert B. Swierupski
Director,

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