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NY I85985




September 27, 2002

CLA-2-85:RR:NC:MM:109 I85985

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.50.9000 8471.80.1000

Ms. Kathy J. Bartlett
North America Customs Compliance Manager
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052-6399

RE: The tariff classification of Wireless Base Station, Wireless USB Adapter, and Wireless Notebook Adapter from Taiwan

Dear Ms. Bartlett:

In your letter dated August 30, 2002, you requested a tariff classification ruling.

The merchandise under consideration is three Microsoft Broadband Networking products. The three products are described in your letter as a Wireless Base Station, Wireless USB Adapter, and Wireless Notebook Adapter. The Microsoft Broadband Networking products provide home and small business user with the ability to interconnect computers (data processing devices) into a wired and/or wireless local area network (LAN). Your letter states that interconnecting the computers into a wireless LAN allows them to securely share access to the Internet, exchange computer files, and share printers. Samples of these three items were submitted to this office.

The Wireless Base Station serves to connect the Internet to a user’s wired and wireless LAN. It combines a 4-port switch, an intelligent LAN traffic router, and a wireless access point (AP) into one unit. The router portion protects the user’s computers from hackers by discarding undesirable or unidentifiable messages from the Internet. The switch portion interconnects four computers (data processing devices) that have Ethernet/Fast Ethernet network capability into a wired LAN. The access point portion serves as the central radio station to interconnect Wi-Fi equipped computers into a wireless LAN. The Wireless Base Station will be imported packaged ready for retail sale in its own individual box consisting of the wireless base station, a base station stand ethernet cable, a power supply, a CD-ROM, a user’s guide, and a blank floppy disk

The Wireless USB Adapter has a USB cable, an adjustable antenna, and two green indicator lights (one for power and one for wireless status) on the top. The USB adapter plugs into a powered USB port, found on most personal computers, in order to transmit to the base station. This unit allows wireless transmission up to 160 feet at 11 Mbps in a closed environment between a personal computer and the base station. As imported, the Wireless USB Adapter will be individually packaged ready for retail sale with a set-up CD-ROM and user’s guide.

The Wireless Notebook Adapter is a credit card shaped device that fits into the PCMCIA slot on a laptop or other computer. It allows wireless transmission up to 160 feet at 11 Mbps in a closed environment between a Notebook computer and the base station. As imported, the Wireless Notebook Adapter will be individually packaged ready for retail sale with a set-up CD-ROM and user’s guide.

During a telephone conversation, you confirmed that the wireless version of the base station, USB Adapter, and Notebook Adapter would each be imported in their own separate retail boxes exactly as the samples that you submitted within your ruling request, NY Ruling # I86745, for the wired version of these three products. After importation, in some instances, you will combine either a USB Adapter or Notebook Adapter, based on your customer’s preference, with the Wireless Base Station to be sold at retail as a “Broadband Networking Wireless Kit” to that particular customer. However, since the Wireless Base Station, Wireless USB Adapter and Wireless Notebook Adapter will not be imported together in one box ready for retail sale without requiring further re-packaging, each of these three items will be classified separately.

The applicable subheading for the Broadband Wireless Base Station will be 8517.50.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for carrier-current line systems or for digital line systemsOther apparatus, for carrier-current line systems or for digital line systems: Other: Other.” The rate of duty will be free.

The applicable subheading for the USB Notebook Adapter and the Wireless USB Adapter will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofOther units of automatic data processing machines: Control or adapter 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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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