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NY N010695




May 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.9050

Ms. Tamra S. Nelson
Targus, Inc.
1211 N. Miller Street
Anaheim, CA 92806

RE: The tariff classification of an optical USB mouse from China.

Dear Ms. Nelson:

In your letter dated May 2, 2007 you requested a tariff classification ruling.

Under consideration is Part Number BUS0118, described as an Education Backpack Essentials Bundle. It consists of the Feren Backpack laptop case/bag made of nylon, the Targus Notebook Optical Mouse with Retractable USB (Universal Serial Bus) Cable, and the DEFCON Combo Lock computer security cable.

The Targus Notebook Optical Mouse with Retractable USB Cable is a two-button mouse measuring approximately 3.7 inches by 1.9 inches by 1.15 inches. It features a scroll wheel as well as a retractable USB cable and utilizes optical sensor technology.

In your ruling request you suggest classification of these items as a set under 8471.60.9050, Harmonized Tariff Schedule of the United States (HTSUS). Although these goods are sold as a kit, the backpack, optical mouse, and combination lock are not classifiable as a set, as they are not designed to meet a particular need or carry out a specific activity. The backpack, which is a separate article of commerce and more than just a packing container, has a use different from that of the optical mouse or the combination lock. Consequently, each item is classifiable separately under its appropriate heading.

The applicable subheading for the Targus Notebook Optical Mouse with Retractable USB Cable 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 duty rate 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/.

Your inquiry does not provide enough information for us to give a classification ruling on the Feren Backpack or the DEFCON Combo Lock. Your request for a classification ruling should include samples of each item as imported. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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