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NY J89780




November 7, 2003

CLA-2-84:RR:NC:1:110 J89780

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.8000

Ms. Sharon Roberson
Case Logic, Inc.
6303 Dry Creek Parkway
Longmont, CO 80503

RE: The tariff classification of a card scanner from China or Taiwan.

Dear Ms. Roberson:

In your letter dated October 10, 2003 you requested a tariff classification ruling.

The merchandise under consideration is the Case Logic Business Card Scanner (Model Number CLCR1). A sample of the CLCR1 packaged ready for retail sale with cable, instructions and software was submitted with your ruling request and will be returned to you. The CLCR1 is a small portable scanner measuring approximately 4½ inches wide by 2½ inches deep and is 1 inch high with four rubber cushion pads on the bottom to prevent the unit from sliding during use. The CLCR1 allows business cards to be scan in seconds and export the data into a personal computer (PC) or Personal Digital Assistant PDA). A 48 inch USB (Universal Serial Bus) cable is provided for plug and play directly with any PC, PDA or laptop computer with a USB port. The scanner is powered by the I.R.I.S. (Image Recognition Integrated Systems) software which is provided in the form of a CD-ROM. Once the software is installed into a host computer, the CLCR1 will accurately recognize most business cards from countries in North America and Europe. This unit supports both Palm OS and Pocket PC operating systems.

It is noted that the Business Card Scanner will be packaged with the software in the form of a CD-ROM, which must be classified in accordance with Legal Note 6 to chapter 85. Note 6, which states: “This note does not apply to such media when they are entered with articles other than the apparatus for which they are intended.” The CD-ROM software must be installed into apparatus other than the Pen Scanner. Accordingly, since the CD-ROM is entered with an article other than the apparatus for which it is to be installed, the CD-ROM software need not be separately classified.

The applicable subheading for the Business Card Scanner (Model Number CLCR1) is 8471.60.8000, 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: Optical scanners and magnetic ink recognition devices." The general 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 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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