The tariff classification of Electronic Convenience Stapler, Part 498k08260, from China

N123043 October 8, 2010 CLA-2-84:OT:RR:NC:N1:120 CATEGORY: Classification TARIFF NO.: 8472.90.9080 Mr. John M. Peterson Neville Peterson LLP 17 State Street-19th Floor New York, New York 10004 RE: The tariff classification of Electronic Convenience Stapler, Part 498k08260, from China Dear Mr. Peterson: In your letter dated September 9, 2010, on behalf of Xerox Corporation, you requested a tariff classification ruling. The merchandise under consideration is referred to as the electronic convenience stapler, part 498k08260, which measures approximately 5 inches in height by 5.5 inches in width by 7.5 inches in depth and weighs approximately 7.14 pounds. The stapler is designed with a base for use on a table or desktop, and is capable of stapling up to fifty sheets of paper at one time. The stapler operates electronically at 110 volts and receives its power from a standard wall outlet plug. The electronic convenience stapler is activated when the paper is inserted into the front of the machine against the sensor mechanism. You requested a classification for the electronic convenience stapler in heading 8443, Harmonized Tariff Schedule of the United States (HTSUS), however, the electronic convenience stapler is not exclusively designed to operate with a multi-function printer of heading 8443 (HTSUS). In fact it can suitably be operated as a free-standing stapler with no mechanical or electrical connection to said printer and is capable of attaching any documents together, regardless of the source. The applicable subheading for the Electronic Convenience Staplers, Part 498k08260, will be 8472.90.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other office machines (for example, hectograph or stencil duplicating machines, addressing machines, automatic banknote dispensers, coin-sorting machines, coin-counting or wrapping machines, pencil-sharpening machines, perforating or stapling machines): Other: Other: Other." The rate of duty will be 1.8 percent ad valorem. 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 National Commodity Specialist Division