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NY J89440




October 23, 2003

CLA-2-84:RR:NC:1:110 J89440

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.9090; 8543.89.9695; 9608.60.0000; 4820.10.2020

Ms. Ruby Wood Sevcik
Nokia Inc.
6000 Connection Drive
Irving, TX 75039

RE: The tariff classification of a Digital Pen from China.

Dear Ms. Sevcik:

In your letter dated August 19, 2003 you requested a tariff classification ruling.

The merchandise under consideration is the Nokia Digital Pen SU-1. A sample of the Digital Pen was submitted with your ruling request and will be returned to you. The Digital Pen is designed to capture and store handwritten information for future transfer into other devices (e.g. PCs (Personal Computer), PDAs (Personal Digital Assistant), mobile phones, etc.). The pen is capable of digitally capturing information as it writes on a specialized paper with a pattern consisting of several tiny dots or pixels. The SU-1 contains a normal ballpoint type cartridge and functions as an ordinary writing instrument enabling the user to see what is being written. However, the memory function will only work with the specialized paper. The pen senses displacement when used with this specialized paper with the patterned dots or pixels. A digital camera and digital processor within the SU-1 Digital Pen is used to digitize the information being written on the specialized paper. The camera in the pen takes pictures of the patterned paper while the digital image processing enables dynamic information on the pen movement to be stored as a series of map coordinates preparing it for transfer to other devices. Transfer of information is obtained via a USB (Universal Serial Bus) Port or Bluetooth technology when the application software is installed into the host device. Information may be downloaded to a PC by use of a USB port through the Nokia Connectivity Stand (DT-2) which serves as a docking cradle and charger for the SU-1 Pen. The connectivity stand does not contain any active electronics. The stand contains only direct connections between the interface contacts of the pen and the rear connectors of the docking cradle. The pen’s internal Li-polymer battery receives its charge from the external AC powered charger module that connects directly to the Connectivity Stand. Information may also be downloaded wirelessly to compatible mobile phones or other devices that support Bluetooth technology with the proper application software installed.

The Nokia Digital Pen SU-1 may be imported packaged as a retail set with the Connectivity Stand (DT-2), AC charger module, USB cable, Multimedia Messaging System pad and note pad of special patterned paper, CD-ROM software, ballpoint pen refills and a User Guide. However, the Digital Pen, Connectivity Stand (DT-2), ballpoint refills and digitized paper pads may also be bulk packaged and imported separately.

In your letter you suggest classification under 8525.40.4000 for the Digital Pen SU-1, and subheading 8529.90.8600 for the Connectivity Stand (DT-2). Your conclusion was that the principal function of the pen is the digital camera that captures the digitized image. If principal function cannot be determined, you state that this subheading also appears last in numerical order. However, the pen digitizes information, it does not capture an image per se. Therefore, it is our determination that subheading 8525.40.4000 is not appropriate. It appears that the principal function of the Digital Pen SU-1 is that of a digitizer/X-Y coordinate input device and therefore meets Chapter 84, Note 5 (D) and 5(B) (b) and (c). It has a legitimate use in an ADP (Automatic Data Processing) system and would be properly classified as an ADP input unit. The Connectivity Stand (DT-2) does not contain any active electronics. It makes an electrical connection between the pen, the AC power module charger and the USB cable. It is not a part of the digital pen. Under GRI 2(a), heading 8543 provides the most specific description.

The applicable subheading for the Nokia Digital Pen SU-1 when imported individually or as a set packaged together with the above mentioned components ready for retail sale will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofInput or output units, whether or not containing storage units in the same housing: Other: Other: Other: Other: Other: Other.” The general rate of duty will be free.

The applicable subheading for the Nokia Digital Pen SU-1 Docking Cradle imported individually will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other: Other.” The general rate of duty will be 2.6 percent ad valorem.

The applicable subheading for the Nokia Digital Pen SU-1 ballpoint pen refills imported individually will be 9608.60.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Ball point pensparts (including caps and clips) of the foregoing articles, other than those of heading 9609: Refills for ball point pens, comprising the ball point and ink reservoir.” The general rate of duty will be 0.4¢ each + 2.7 percent ad valorem.

The applicable subheading for the Nokia Digital Pen SU-1 Memo Pads imported individually will be 4820.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articlesof paper or paperboard: Registers, account books, notebooksletter pads, memorandum pads, diaries and similar articles: Diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articles: Memorandum pads, letter pads and similar articles.” The general rate of duty will be 0.4 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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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