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NY E87759




October 1, 1999

CLA-2-84:RR:NC:1:110 E87759

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.9090

Mr. David P. Neal
Fujikura America, Inc.
17150 Via Del Campo
Suite 301
San Diego, CA 92127

RE: The tariff classification of a NetBook Browser from Thailand

Dear Mr. Neal:

In your letter dated September 20, 1999, you requested a tariff classification ruling.

The merchandise under consideration, noting the sample submitted, involves a NetBook Browser device that consists of a send only device (loose-leaf binder) and a receiver only device. The primary function of this NetBook browser device is to allow the reader of a magazine to input and retrieve data (such as information about an Advertisement) in an expedious manner.

The NetBook Browser consists of two components: a loose-leaf binder device that incorporates a membrane switch on both sides of the binder, two LED devices, one of which is used to transmit or input data generated from the binder to an infrared receiver attached to a computer keyport port; the other component is a NetBook receiver device, which is a black box device with a split cable that can attach to either a computer port or directly to a keyboard. This receiver is only a receiver device and cannot transmit information. The function of the devices is to act as a keyboard allowing control and manipulation of the computer and the entry of information into the computer.

The user first places a specially designed magazine into the three-hole binder. When the user sees an advertisement in the magazine, he depresses by hand the article in the magazine, which transmits a signal to the computer. The NetBook receiver device, which is approximately 4 inches in length and 3.5 inches in width, is connected either directly to an IBM PC or to the keyboard of a computer, and acts basically as a receiver unit. The magazine will also include a compact disc that has recorded on it all of the background data dealing with the advertisements in the magazine. If the user is on the Internet, by depressing the ad page of the magazine, the specific web page will come up for the merchandise described in the advertisement.

The two components of this NetBook Browser will be imported in one common retail box, and sold and marketed as a retail set. The set consists of two components which are normally classifiable under such HTS provisions as 8471 (electronic loose-leaf binder), and 8543 (for the infrared receiver). The essential character of this retail set is exemplified by the electronic loose-leaf binder, which is basically a computer input device, similar in function to a wireless keyboard. The input device (loose-leaf binder) would also meet the definition of a “unit” of an ADP system, noting Legal Note 5 (B) to Chapter 84 of the HTS.

The applicable subheading for the NetBook Browser will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other input units. 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 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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