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NY H82430




July 2, 2001

CLA-2-84:RR:NC:1:110 H82430

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.90.0000

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouse Point, NY 12979

RE: The tariff classification of the “TransAKT” from Taiwan.

Dear Mr. Kavanaugh:

In your letter dated June 1, 2001, on behalf of your client Wildcard Wireless Solutions Inc., you requested a tariff classification ruling.

The merchandise under consideration is a wireless portable electronic funds transfer device referred to as the “TransAKT.” The “TransAKT” has been designed to clip onto the auxiliary power mount of most conventional mobile digital phones, providing wireless transaction and fund transfer capability without impacting the normal operation of the phone. Voice calls and dispatch messaging still occurs. The “TransAKT” does not have its own power and will not function on its own; it is powered by the mobile phone and the mobile phone must be on line in order for the device to operate. The “TransAKT” has no memory, decoding or transmission device. This device is a card reader that can process magnetic cards (i.e. credit cards, debit cards, smart cards, etc.). Magnetic refers to transactions that are swiped through a reader or POS terminal. With the presence of a card, the merchant can take extra precautions against fraud, making magnetic transactions the safest and cheapest processing option. The “TransAKT” allow the user to perform safe transactions and fund transfers through the use of a conventional mobile digital phone.

The applicable subheading for the “TransAKT” will be 8471.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof; magnetic or optical readersOther.” 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 S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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