The tariff classification of computer accessories from China and Hong Kong.

NY C88549 June 10, 1998 CLA-2-84:RR:NC:1:110 C88549 CATEGORY: Classification TARIFF NO.: 4016.10.0000; 8471.60.9090; 8524.39.4000; 8524.91.0030 Mr. John J. Pron Delta Millennium Inc. 1018 Route 202 South, Suite 3 Somerville, N.J. 08876 RE: The tariff classification of computer accessories from China and Hong Kong. Dear Mr. Pron: In your letter dated May 27, 1998, you requested a tariff classification ruling. The merchandise under consideration involves 5 different computer accessories which are used with an automatic data processing (ADP) personal computer. These items consist of the following components: 1- Computer Mouse, 2-Mouse Pad, 3- Toy Story Mouse with Mouse Pad, 4- Little Mermaid Computer Kit, and 5- Toy Story Computer Kit. Item 1 is a model #0199 "Lion King Mouse" is a computer mouse with attached cable which is designed for use as an input unit for an ADP personal computer. This computer mouse measures approximately 4 inches in length by 2 3/4 inches in width inches, and is blister packaged for retail sale. The image of a "Lion King Mouse" is printed on the surface of the computer mouse. Item 2 is a model #0279 "101 Dalmatian" Mouse Pad which is designed and principally used with ADP units such as mouses. This mouse pad measures approximately 8 « inches in length by 7 « inches in width, and is blister packaged for retail sale. This computer mouse pad is composed of cellular natural rubber and has a top layer of PVC. The rubber predominates by both weight and value. Noting Legal Note 1(a) to Section XVI of the HTS, this mouse pad would be precluded from consideration under 8473. The image of a Dalmatian Dog is printed on the PVC surface of the mouse pad. Item 3 consists of a model #0683 "Toy Story" Computer Mouse with attached cable and a computer Mouse Pad which are designed and principally used with ADP personal computers. The mouse pad measures approximately 8 « inches in length by 7 « inches in width. The computer mouse is blister packaged and will be sold and marketed for retail sale with the "Toy Story" Mouse. The image of a "Spaceman" is printed on the computer mouse and the mouse pad. This "Toy Story" Computer Mouse and Mouse Pad would meet the definition of a "retail set" as noted in GRI-3(b) of the HTS. The "essential character" of this retail set is exemplified by the computer mouse which functions as an ADP input unit. Item 4 consists of a model #0787 "Little Mermaid" Computer Kit for use with ADP personal computers. The "Little Mermaid" Computer Kit consists of a mouse pad which has the image of a "Little Mermaid", 2 floppy disks and case, 10 diskette labels, one diskette case, and one CD disk. These items which are blister packed and enclosed within a carton, will be shipped and marketed as a retail set without additional packaging. This "Little Mermaid" Computer Kit would meet the definition of "retail set" as noted in GRI-3(b) of the HTS. The "essential character" of this retail set is exemplified by the CD ROM interactive software disc. The software diskettes are separately classified as per Legal Note 6 to Chapter 85 of the HTS. Item 5 consists of a model #0239 "Toy Story" Computer Kit for use with ADP personal computers. The "Toy Story" Computer Kit consists of a computer mouse with attached cable, and mouse pad which have the image of a "Spaceman". This kit also a floppy disk case without the floppy disks and 10 disk labels. These items which are blister packed and enclosed with a carton will be shipped and marketed as a retail set. This "Toy Story" Computer Kit would meet the definition of a "retail set" as noted in GRI-3(b) of the HTS. The "essential character" of this retail set is exemplified by the computer mouse which functions as an ADP input unit. The applicable subheading for the model #0199 "Lion King Mouse" computer mouse will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other input units of automatic data processing (ADP) machines and units thereof. The rate of duty will be free. The applicable subheading for the model #0279 "101 Dalmatian" Mouse Pad will be 4016.10.0000, HTS, which provides for other articles of vulcanized rubber other than hard rubber: of cellular rubber. The rate of duty will be 0.8 percent ad valorem. The applicable subheading for the model #0683 "Toy Story" Computer Mouse with Mouse Pad, and the model #0239 "Toy Story" Computer Kit which are sold and marketed as a retail set will be 8471.60.9090, HTS, which provides for other input units of ADP machines and units thereof. The rate of duty will be free. The applicable subheading for the model #0787 "Little Mermaid" Computer Kit which is sold and marketed as a retail set will be 8524.39.4000, HTS, which provides for other discs for laser reading systems, for reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an ADP machine. The rate of duty will be 1.9 percent ad valorem. The applicable subheading for the floppy discs, will be 8424.91.0030, HTS, which provides for prepackaged software for ADP machines, of a kind sold at retail. The rate of duty will be 1.3 cents per square meter of recording surface. 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 Art Brodbeck at 212-466-5490. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division