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NY N024840




April 7, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026, 8471.80.1000, 8471.60.9050, 8518.30.2000, 8544.42.9000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of an optical mouse, a USB hub, USB cables, an RJ-45 cable, an earphone with microphone, and a nylon textile case from China.

Dear Ms. Aldinger:

In your letter dated March 5, 2008 you requested a tariff classification ruling. The submitted sample will be returned to you.

The merchandise under consideration is described as the “6 in 1 Laptop Accessories Kit.” It consists of a USB Mini Retractable Optical Mouse, a 4-Port USB Hub, a Retractable Mini Earphone with Speaker, a USB A/M to USB A/F Extension Cable, an RJ-45 Internet Crossover Extension Cable, and a USB A/M to Mini 5P/M Extension Cable. These articles are packaged with a zippered nylon textile case. All the components, including the case, will be imported packaged for retail sale within a clear plastic molded blister pack.

The USB (universal serial bus) Mini Retractable Optical Mouse is a two-button mouse measuring approximately 3 inches long by 1.5 inches wide by 1 inch high at its widest points. It features a scroll wheel as well as a retractable USB cable, and utilizes optical sensor technology.

The 4-Port USB hub measures approximately 3.5 inches long by 1.5 inches wide by .5 inches high at its widest points, and allows for the simultaneous connection of up to 4 USB devices.

The Retractable USB A/M to A/F Extension Cable is a 30-inch long cable coiled within a 1-inch diameter plastic casing. It features a USB type A male plug connector on one end and a type A female connector on the other end.

The Retractable USB A/M to Mini 5P Extension Cable is a 31.5-inch long cable coiled within a 1-inch diameter plastic casing. It features a USB type A male plug connector on one end and a mini 5P male type connector on the other end.

The RJ-45 Internet Crossover Extension Cable is a 45.5-inch long cable coiled within a 1.25-inch diameter plastic casing. Both ends of the cable incorporate RJ-45 Ethernet connectors.

The Retractable Mini Earphone with Speaker is a 38-inch long cable coiled within a 1-inch diameter plastic housing. It features an earplug and a microphone at one end of the cable and two cylindrical multicontact connectors on the other end.

The fitted case measures approximately 10.5 inches wide by 5.5 inches high by 1 inch high with a zipper closure along three sides. Its outer surface is constructed of nylon, while the interior is foam filled with cutouts in the shape of the six items described above. This case is a specially shaped and fitted container for a specific set of articles and is of a kind normally sold therewith. It is specifically designed to provide a convenient means of storing, protecting, and transporting the above items.

In your ruling request you suggest that the “6 in 1 Laptop Accessories Kit” be classified as a set. The General Rules of Interpretation (GRIs) of the Harmonized Tariff System (HTS) governs the classification of goods put up in sets for retail sale. The Explanatory Notes (ENs) of the HTS provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. According to the ENs for GRI 3(b), “goods put up in sets at retail sale” refers to goods which: consist of at least two different articles which are, prima facie, classifiable in different headings; consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repackaging. However, the “6 in 1 Laptop Accessories Kit” provides various components that serve more than one specific activity and are not assembled together to perform any one particular need. Therefore, they will not be regarded for tariff purposes as “goods put up in sets for retail sale,” and will be classified separately.

The applicable subheading for the USB Mini Retractable Optical Mouse 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.

The applicable subheading for the 4-Port USB hub will be 8471.80.1000, HTSUS, which provides for “Automatic data processing machines and units thereof: Other units of automatic data processing machines: Control or adapter units.” The rate of duty will be Free.

The applicable subheading for the Retractable USB A/M to A/F Extension Cable, the Retractable USB A/M to Mini 5P Extension Cable, and the RJ-45 Internet Crossover Extension Cable will be 8544.42.9000, HTSUS, which provides for “Insulated (including enameled or anodized) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors: Other electric conductors, for a voltage not exceeding 1,000 V: Fitted with connectors: Other: Other.” The rate of duty will be 2.6 percent.

The applicable subheading for the Retractable Mini Earphone with Speaker will be 8518.30.2000, HTSUS, which provides for “Microphonesheadphones and earphones, whether or not combined with a microphone: Headphones and earphones, whether or not combined with a microphone: Other.” The rate of duty will be 4.9 percent.

The applicable subheading for the fitted nylon case will be 4202.92.9026, HTSUS, which provides for, in part, other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 17.6 percent.

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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