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NY F84049




March 23, 2000

CLA-2-84:RR:NC:1:110 F84049

CATEGORY: CLASSIFICATION

TARIFF NO.: 8470.10.0040

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
New York, N.Y. 10036-8901

RE: The tariff classification of a personal data organizer from China.

Dear Ms. Wierbicki:

In your letter dated March 6, 2000, on behalf of Avon Products,Inc., you requested a tariff classification ruling.

The merchandise under consideration involves a personal data organizer model PP205921. A sample was submitted with the request.

The personal data organizer is a battery operated, electronic data storage unit in a plastic housing, approximately, 4 ½” wide by 3 ¼” high by ½” deep. The article incorporates a liquid crystal touch screen, displaying icons for accessing the various modes: phones/addresses; notepad; bookmarks; time; date; calculator; calendar and translator (Dutch, French, German, Italian, Portuguese, and Spanish.) Separately sold cable and software permits the unit to be linked with a computer for transfer of information.

Legal Note 8 to Chapter 84 of the HTS, states “For the purposes of heading 8470, the term "pocket-size" applies only to machines the dimensions of which do not exceed 170 mm x 100 mm x 45 mm.” It is the opinion of this office that this item meets the requirements of the term “pocket-size”.

The applicable subheading for personal data organizer model PP205921 will be 8470.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functions; accounting machines, postage-franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers: Electronic calculators capable of operation without an external source of electric power and pocket-size data recording, reproducing and displaying machines with calculating functions: Display only.” 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 Eileen Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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