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NY R03578




April 12, 2006

CLA-2-84:RR:NC:1:120 R03578

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.2000

Mr. Troy Crago
Atico International, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a wireless optical mouse and keyboard set from China

Dear Mr. Crago:

In your letter dated March 29, 2006 you requested a tariff classification ruling on behalf of your client Corporate Express.

The pre-packaged wireless optical mouse and keyboard set contains a keyboard, mouse, receiver, six rechargeable batteries, installation software and an instruction manual. The wireless keyboard measures 18.5 inches long by 8.5 inches wide by 1.5 inches deep. It transmits 6.5 feet. As indicated in your literature for this item, the receiver operates at a 27 Megahertz radio frequency using two channels, 255 user ID codes, and AA NIMH 1200 MAH battery charger and plugs into a personal computer’s universal serial bus (USB) port. The user can purchase a USB to PS/2 adaptor for an alternative option to connect to the personal computer (PC). The mouse transmits 6.5 feet. It uses 4.8 mega-pixels per second and 800 counts per inch (CPI) resolution. The auto frame rate is 1000-2300 frames per second.

When shipped as a complete set and put up in sets for retail sale, the wireless optical mouse, keyboard, receiver, batteries, manual and software appear to meet the definition of a set. In accordance, in part, with GRI 3 (b)goods put up in sets for retail sale, which cannot be classified by reference GRI 3 (a), shall be classified as if they consisted of the material or component that gives them their essential character. It is the opinion of this office that the wireless keyboard imparts the essential character of this particular set.

Noting Legal Note 6 to Chapter 85 of the Harmonized Tariff Schedule of the United States (HTSUS), “Records, tapes and other media of heading 8523 or 8524 remain classified in those headings, when they are entered with articles other than the apparatus for which they re intended.” “For the purposes of this note, the term “apparatus for which they are intended” refers to apparatus which reads or plays the media or which records or writes on the media.” Upon review of this note, this office considers the keyboard, mouse and receiver to be articles for which the software is not intended. Therefore the configuration of goods constitutes a set and the software need not be separately classified, in accordance with Chapter 85, Note 6, HTSUS.

The applicable subheading for the wireless optical mouse and keyboard set will be 8471.60.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Automatic data processing machines and units thereofinput or output unitsother: keyboards. The rate of duty will be free.

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.

Sincerely,

Robert B. Swierupski
Director,

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