The tariff classification of a cordless mouse with dual receiver from China.

NY H83173 July 17, 2001 CLA-2-84:RR:NC:1:110 H83173 CATEGORY: Classification TARIFF NO.: 8471.60.9090; 8524.39.4000 Mr. Brian Cochran Logitech Inc. 6505 Kaiser Drive Fremont, CA 94555-3615 RE: The tariff classification of a cordless mouse with dual receiver from China. Dear Mr. Cochran: In your letter dated June 28, 2001, on behalf of Logitech Inc., you requested a tariff classification ruling. The merchandise under consideration is the Logitech( Cordless Mouse, Logitech( Cordless Wheel Mouse, Logitech( Cordless MouseMan( Wheel and the Logitech( Cordless MouseMan Optical. In their imported condition, all four Logitech( mouse units will be packaged as a complete kit and put up in sets for retail sale. Each complete kit will include a battery-powered mouse, dual receiver, CD-ROM software and literature. The four Logitech( Cordless Mouse units are designed for use with automatic data processing machines (ADP) or (PC’s), and each mouse is designed in a unique fashion for a comfortable and relaxed position for a wide range of hand sizes. All have the Logitech( Web Wheel( feature, which is a Scroll Wheel on the mouse that lets you quickly navigate the Web and control your browser. Logitech( Cordless Mouse has two-buttons in addition to the scroll wheel. The Logitech( Cordless Wheel Mouse has three buttons (including wheel) design with MouseWare software. The Logitech( Cordless MouseMan( Wheel combines a sleek, comfortable shape with unique soft-touch sides and the added convenience of a fourth mouse button (including wheel) design with MouseWare software. Logitech( Cordless MouseMan Optical combines advanced cordless and optical technologies for smoother cursor movement with greater accuracy than ball-based mice do. The dual receiver operates on a radio frequency virtually eliminating wires to the mouse and a wireless keyboard that can be added if desired. The receiver uses advanced digital radio technology for maximum security and reliability allowing several cordless devices to operate in the same room without problems. The receiver can be connected to a PC in three ways, directly into a PCs USB port, mouse and keyboard ports, or to a system with PS/2 ports with the use of an adapter. The classification of goods put up in sets for retail sale is governed by GRI 3(b). When shipped as a complete kit and put up in sets for retail sale, the Logitech( Cordless Mouse, Cordless Wheel Mouse, Cordless MouseMan( Wheel and the Cordless MouseMan Optical all appear to meet the definition of a retail set as per GRI 3(b). Goods put up in sets for retail sale, which can not be classified by reference to GRI 3(a), shall be classified as if they consisted of the material or component that gives them their essential character. In all four cases, the Cordless Mouse exemplifies the “essential character” of each set. Nothing Legal Note 6 to Chapter 85 of the Harmonized Tariff Schedule of the United States (HTS), “Records, tapes and other media of heading 8523 or 8524 remain classified in those headings, whether or not they are entered with the apparatus for which they are intended.” The software in all cases remains separately classified in heading 8524, in accordance with Chapter 85, Note 6, HTS. The applicable subheading for the Logitech( Cordless Mouse, Logitech( Cordless Wheel Mouse, Logitech( Cordless MouseMan( Wheel and the Logitech( Cordless MouseMan Optical will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof…Input or output units…Other: Other: Other: Other: Other: Other.” The rate of duty will be free. The applicable subheading for the CD-ROM software will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Records, tapes and other recorded media for sound or other similarly recorded phenomena…Discs for laser reading systems: Other: For reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form…” The rate of duty will be free. 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 Eileen S. Kaplan at 212-637-7019. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division