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NY N007996




March 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.9050

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

RE: The tariff classification of a Genius MousePen tablet set from China.

Dear Mr. Crago:

In your letter dated March 8, 2007 you requested a tariff classification ruling.

The merchandise under consideration is the Genius MousePen tablet set, item number A015GA00003. It consists of an 8-inch by 6-inch MousePen tablet, a cordless pen stylus with an “AAA” battery, a cordless mouse with an “AAA” battery, a quick installation guide, and CD driver software which contains PenSuite and Corel Painter.

The MousePen graphic tablet contains a printed circuit board which incorporates loops that form an X and Y grid pattern to receive transmissions from the pen stylus, and input that data to the computer. The tablet allows the user to capture and trace the coordinates of a curve or any geometric form. It also provides a pointing and writing surface for the wireless pen and mouse. The graphic tablet connects to a computer via a Universal Serial Bus (USB) cable.

The pen stylus is a wireless, optical, pen-like device, and is activated by pressing its tip to the tablet. The tip points to a particular location on the active area of the tablet, and triggers the transmission of the X-Y coordinate data from the tablet to the application running on the computer screen. The pen has two programmable buttons and 1024 levels of pressure sensitivity to control brush stroke, opacity, and other software tools. The tablet mouse is a wireless optical mouse with a scroll wheel, which can be used as a digital drawing or painting instrument.

The graphic tablet, pen stylus with battery, cordless mouse with battery, quick installation guide and CD driver software constitute a set in accordance with General Rule of Interpretation (GRI) 3(b). The graphic tablet, being the dominant and most costly component of the Genius MousePen set, provides the essential character of this set. The tablet appears to incorporate the design characteristics common to the X-Y coordinate input units used with automatic data processing (ADP) applications. Noting Legal Note 5(B) to Chapter 84 of the Harmonized Tariff Schedule (HTS), the graphic tablet would meet the definition of a unit of an ADP system. The tablet requires a computer with a Windows 98, Me, 2000, XP, or 2003 operating system (OS) or Mac OS X, 4 MegaBytes (MB) of hard disk space, 64 MB of Random Access Memory (RAM), and a CD/DVD ROM drive for software installation. The MousePen graphic tablet is also affected by Legal Note 5(D) to Chapter 84, which specifies that X-Y coordinate devices which satisfy the conditions of paragraphs (b) and (c) of Legal Note 5(B) to Chapter 84 are in all cases to be classified as units of Heading 8471. The tablet is connectable to the Central Processing Unit (CPU) of a computer directly via a USB cable, and is able to accept or deliver data in a form (codes or signals) which can be used by the ADP machine.

The applicable subheading for the Genius MousePen tablet set, item number A015GA00003, will be 8471.60.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Automatic data processing machines and units thereof: Input or output units, whether or not containing storage units in the same housing: Other: Other: Other.” 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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