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NY N009056




April 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.90.0000

Mr. David Schlinkert
Groqit, LLC
18650 SW Mendenhall Road
Willamina, OR 97396

RE: The tariff classification of a barcode scanner from China.

Dear Mr. Schlinkert:

In your letter dated March 22, 2007 you requested a tariff classification ruling. The submitted sample will be returned to you.

The merchandise under consideration is the Groqit Model GB-1 personal barcode scanner. The GB-1 is a complete, stand-alone, portable inventory system that does not require a computer to function. It is constructed of plastic and measures approximately 6 inches long by 1 inch in diameter at its widest points. The GB-1 features an 8-bit 6502 core embedded processor and a 128-megabyte (MB) flash drive. The GB-1 will be packaged for retail sale with one “AAA” battery, a USB extension cable, and a wrist strap.

One end of the GB-1 houses a barcode scanner; the other provides a universal serial bus (USB) jack, protected by a removable cap. The body of the GB-1 features a 1.75-inch by .5-inch LCD display and a 5 push-button keypad. One button allows the user to activate the barcode scanner; the other four allow the user to scroll through and select menu options and inventory information shown on the LCD display. If a backup copy of the inventory information is desired, the user may plug the GB-1 USB jack into the USB port of a personal computer with an Internet connection; the Groqit website permits the user to store inventory information on their protected server. However, the inventory information remains saved on the GB-1’s flash drive, and the online backup is not a requirement for use.

While the Groqit Model GB-1 personal barcode scanner is a composite good, its principal function is scanning data and images. The USB function is found to be a subsidiary function. The GB-1 does not qualify as a unit of an ADP machine meeting Note 5 (C) to Chapter 84.

The Groqit Model GB-1, “AAA” battery, USB extension cable, and wrist strap are imported together as a set, packaged for retail sale. The General Rules of Interpretation (GRI) under the Harmonized Tariff Schedule governs the classification of goods put up in sets for retail sale. GRI 3(b) requires that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. As imported, the GB-1 meets the definition of a “set.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The GB-1 barcode scanner provides the essential character of this set.

The applicable subheading for the Groqit Model GB-1 will be 8471.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Magnetic or optical readers: 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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