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NY L88098




October 31, 2005

CLA-2-84:RR:NC:1:110 L88098

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026; 8471.60.9090; 8536.69.8000; 8544.41.4000; 8544.41.8000; 9405.40.8000

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
8855 Columbine Rd., Suite 400
Eden Prairie, MN 55347-4148

RE: The tariff classification of a computer accessory kit from China.

Dear Mr. Anderson:

In your letter dated September 9, 2005 on behalf of your client Power Sentry Inc. you requested a tariff classification ruling.

The merchandise under consideration is the “Notebook Accessory Solutions” identified as Stock #P000623. A sample identified as the ZENGO™ by Newpoint “Notebook Accessory Solutions” was submitted with your ruling request.

This item is a travel accessory kit designed to enhance the use of a laptop personal computer (PC). The sample submitted for this request consists of a USB (Universal Serial Bus) Optical Travel Mouse; Retractable USB AM/5PM Cable; Retractable USB AM/BM Cable; Retractable RJ11 Modem/Phone Cable; Clip-on USB Light; USB to PS/2 Adapter and a Fitted Nylon Travel Case. From the information you provided, all components including the Travel Case are manufactured in China and will be imported packaged ready for retail sale within a clear plastic molded blister pack. You also state that each item may be imported separately.

The USB Optical Travel Mouse is an 800dpi (Dots Per Inch) mini travel mouse that provides precise tracking on almost any surface. This mouse features the standard two-button control with a center navigation wheel.

The Retractable USB AM/5PM Cable is used for connecting the travel mouse to a PC. This item is composed of a 24” 2-conductor cable coiled within a 1” diameter round plastic casing. One end features a FireWire plug connector for the mouse and the other end features a USB Type A plug.

The Retractable USB AM/BM Cable is a 24” 2-conductor cable coiled within a 1” diameter round plastic casing. This cable features a USB Type B plug connector at one end for use with a number of PC peripherals and a USB Type A plug on the other end for connecting to a PC. The AM/BM cable is designed as a universal cable for transmitting data to and from PC peripherals to a PC.

The Retractable RJ11 Modem/Phone Cable is a 24” 4-conductor telecommunication cable coiled within a 3” by 2” rectangular shaped plastic housing that is approximately ½” thick. This cable features two 4-conductor RJ universal modular plugs and may be used as a telephone extension cable.

The Clip-on USB Light is a 3.6V USB powered mini light. This light is a small ¾” round light measuring approximately 2” long attached to a 6” plastic flexible tube type body that can be bent into a variety of shapes. At the end of the flexible cable is a 24” coil of wire with a USB Type A plug. A spring operated plastic 1½” clip is attached to the flexible tube and provides a means of attaching this light to a variety of surfaces for convenience of use. In your letter you suggest classification under 8473.30.5000 as parts and accessories of the machines of subheading 8471, which is for automatic data processing (ADP) machines and units thereof. In order to be an accessory classified under heading 8473, this item must be used solely or principally with ADP machines. USB is a universal port utilized in numerous electronic devices today. First, there is no evidence that the Clip-on USB Light is suitable for use principally with the machines of heading 8471. Second, Heading 9405 covers lamps and lighting fittings. In accordance with GRI 3(a), “The heading which provides the most specific description shall be preferred to headings providing a more general description.” Heading 9405 is found to specifically describe the Clip-on USB Light.

The USB to PS/2 Adapter is a small plastic rectangular body measuring approximately 1” by ½” and is 1½” long. This device features a USB Type A socket at one end and a round PS/2 DIN plug on the other.

The Fitted Nylon Travel Case measures approximately 6” by 7” by 2” high with a zipper closure along three sides. The interior of this case is foam filled with cutouts in the shape of the six items described above. This case is a specially shaped and fitted container for a specific set of articles and is of a kind normally sold therewith. It is specifically designed to provide a convenient means of storing, protecting and transporting the above items.

In your ruling request you suggest that the Notebook Accessory Solutions be classified as a set. The General Rules of Interpretation (GRIs) of the Harmonized Tariff System (HTS) governs the classification of goods put up in sets for retail sale. The Explanatory Notes (ENs) of the HTS provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. According to the ENs for GRI 3(b), “goods put up in sets for retail sale” refers to goods which: consist of at least two different articles which are, prima facie, classifiable in different headings; consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repackaging. However, the Notebook Accessory Solutions kit provides various components that serve more than one specific activity and are not assembled together to perform any one particular need. Therefore, they will not be regarded for tariff purposes as "goods put up in sets for retail sale," and will be classified separately.

The applicable subheading for the USB Optical Travel Mouse 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 Retractable USB AM/5PM Cable and the Retractable USB AM/BM Cable will be 8544.41.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insulatedcablewhether or not fitted with connectors: Other electric conductors, for a voltage not exceeding 80 V: Fitted with connectors: Other.” The general rate of duty will be 2.6 percent ad valorem.

The applicable subheading for the Retractable RJ11 Modem/Phone Cable will be 8544.41.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insulatedcablewhether or not fitted with connectors: Other electric conductors, for a voltage not exceeding 80 V: Fitted with connectors: Of a kind used for telecommunications.” The general rate of duty will be 2.6 percent ad valorem.

The applicable subheading for the Clip-on USB Light is a 3.6V USB will be 9405.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Lamps and lighting fittingsnot elsewhere specified or included: Other electric lamps and lighting fittings: Other.” The general rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the USB to PS/2 Adapter will be 8536.69.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuitsfor a voltage not exceeding 1,000 V: Lamp-holders, plugs and sockets: Other: Other." The general rate of duty will be 2.7% ad valorem.

The applicable subheading for the Fitted Nylon Travel Case will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The general of duty will be 17.6 percent ad valorem.

HTS 4202.92.9026 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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