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NY M86387




October 10, 2006

CLA-2-84:RR:NC:1:120 M86387

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Michael Perez
Symbol Technologies
5400 George McVay Drive
McAllen, Texas 78503

RE: The tariff classification of a holder pad from an unknown country.

Dear Mr. Perez:

In your letter dated August 30, 2006 you requested a tariff classification ruling.

The merchandise under consideration includes the forearm mount for the 4070/90 wrist terminal (WT); the RS309 wrist harness; the RS309 optical scanner, and the “holder pad” for use with the forearm mount.

The removable holder pad is used as a buffer to pad the skin and prevent abrasion or pain while the forearm mount harness is being worn. The holder pad is shaped as an hourglass, and is made of Velcro, nylon and nylon padding. The Velcro on the pad adheres to the edges of the forearm mount between the user’s forearm and the plastic harness of the wearable wrist terminal.

When imported separately the applicable subheading for the holder pad will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Denise Faingar at 646-733-3010.

We are returning your request for a ruling on the RS309 wrist harness, RS309 optical scanner and the forearm mount for the 4070/90 wrist terminal (WT). You stated in your letter that you cannot provide us with samples, however, unless you are able to provide samples and the additional information required below, we are not able to issue a ruling. Please submit the information described below:

Please provide samples of the RS309 wrist harness and the wrist terminal (WT) 4070/90 performing the function of a data terminal. Please resubmit the sample of the RS309 optical scanner and the “forearm mount” for the WT 4070/90. Please include descriptive literature, operator’s manual, model specifications and a detailed explanation on how the above items function, especially how the requested WT 4070/90 machine operates and functions.

Please provide photographs, drawings, or other pictorial representations to demonstrate how the WT 4070/90 connects to its respective holder, and how the holder is attached to the user.

How are the sets packaged and put up for retail sale upon importation?

Please provide dimensions and weights for the RS309 wrist harness and forearm mount for the wrist terminal. Please explain how the dimensions of the plastic forearm mount are designed specifically for the imported WT machine.

Which WT type ADP machine connects to the RS309 optical scanner? Is the WT 4070/90 wrist terminal worn with the RS309 scanner together on the arm? Please illustrate this. Does the wrist terminal perform a single function with the scanner?

What is the wrist terminal used for? How is it advertised? What are the channels of trade? How does the wrist terminal meet Note 5(A) to Ch 85, Section XVI? Does the wrist terminal have a Central Processing Unit (CPU)? What type of memory does it have? If so, how much? Does it have calculating functions? Does it have a Basic Input Output System (BIOS)? Please explain. Are there any blocks preventing the download of an operating system or off-the-shelf software? What type of operating system does it have? Can it be used with a point-of-sale terminal?

What is the country of origin of each item?

If you decide to resubmit your request, please include the samples and all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

If you have any questions regarding the above, contact National Import Specialist Denise Faingar at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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