The tariff classification of a wireless keyboard, mouse and smart pad from China.

NY J83621 April 30, 2003 CLA-2-84:RR:NC:1:110 J83621 CATEGORY: Classification TARIFF NO.: 8471.60.1095; 8471.60.2000; 8471.60.9090 Mr. Brian Cochran Logitech Inc. 6505 Kaiser Drive Fremont, CA 94555-3615 RE: The tariff classification of a wireless keyboard, mouse and smart pad from China. Dear Mr. Cochran: In your letter dated April 9, 2003, on behalf of Logitech you requested a tariff classification ruling. The merchandise under consideration is Logitech’s “Cordless Bluetooth Keyboard, Mouse and Smart Pad.” Descriptive literature was submitted with your request. The keyboard, mouse, smart pad and mouse cradle/Bluetooth transceiver will be imported bundled together. The mouse cradle/Bluetooth transceiver serves as a docking cradle for the mouse and also recharges the mouse battery. After import, these items will be repackaged together for retail sale. In your ruling request you also stated that you might import each item separately as needed. The keyboard, mouse, smart pad and mouse cradle are all configured with “Bluetooth” technology. Bluetooth technology uses a radio transmitter and enhanced receiver, which allows several Bluetooth-enabled devices to be simultaneously connected within a limited range resulting in hands-free short distance wireless communication with other devices such as computers, printers, and PDAs, within an architecture that will allow for their wireless operation. The keyboard is a standard full-style PC keyboard with specialty and navigation keys less the numeric pad typically located to the right of standard PC keyboards. The smart pad is a separate detached number keypad that contains an interactive liquid crystal display (LCD), navigation function, calculator function, remote control function, date and time function, and an instant message and email paging alert. The cordless Bluetooth mouse features two-buttons in addition to Logitech’s Scroll Wheel. The General Rules of Interpretation (GRI) under the Harmonized Tariff Schedule (HTS) governs the classification of goods put up in “sets” for retail sale. GRI 3(a) requires that goods put up in sets for retail sale must be packaged in that condition as imported. In your ruling request you stated that these items would be bundled together as imported but not packaged for retail sale. All items will be repackaged for retail sale after import. Therefore, Logitech’s “Cordless Bluetooth Keyboard, Mouse and Smart Pad” do not meet the definition of a “set” under GRI 3 of the HTS. Noting Section XVI, Note 3, which states “…machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.” The smart pad is a composite machine and appears to be principally used in an ADP system. However, it can also be used with other Bluetooth enabled devices. It’s principal function is as an ADP input and output unit. The applicable subheading for the “Cordless Bluetooth Smart Pad” will be 8471.60.1095, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof…not elsewhere specified or included: Input or output units, whether or not containing storage units in the same housing: Combined input/output units: Other.” The rate of duty will be free. The applicable subheading for the “Cordless Bluetooth Keyboard” will be 8471.60.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof…not elsewhere specified or included: Input or output units, whether or not containing storage units in the same housing: Other: Keyboards.” The rate of duty will be free. The applicable subheading for the “Cordless Bluetooth Mouse” with the mouse cradle/Bluetooth transceiver will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof…not elsewhere specified or included: Input or output units, whether or not containing storage units in the same housing: Other: Other: Other: Other: Other: Other.” 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 646-733-3016. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division