CLA-2 CO:R:C:M 950679 AJS
District Director
U.S. Customs Service
909 First Avenue
Room 2039
Seattle, WA 98174
RE: Protest number 3001-91-100953; Mountable Trackball; Computer
mouse; HQ 083187; EN 84.71(I)(A); H. Conf. Rep. No. 576;
Subheading 8473.30.40; Additional U.S. Rule of Interpretation
1(c).
Dear District Director:
Protest for further review number 3001-91-100953, dated
9/12/91, was filed against the tariff classification of the
"Mountable Trackball" within subheading 8471.92.90, Harmonized
Tariff Schedule of the United States (HTSUS).
FACTS:
The subject article is referred to as the "Mountable
Trackball" (MT). It is a type of computer mouse which is
specifically designed to be mounted directly onto a portable
laptop computer for either lefthanded or righthanded users in
areas with a minimal amount of workspace. It may also be used on
a flat "desktop" surface. The MT is used to generate a cursor on
the data or menu selections of a computer screen or at the place
where data is to be input through the keyboard. By pushing a
selector button on the MT, the data or menu selection is entered
into the computer. With the use of specific software, it can
also be used to create a graphic illustration on the screen.
The MT consists essentially of a ball which is implanted by
a spring loaded connector into a one-inch thick semicircular
housing, that is itself attached to a laptop frame with two metal
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jaws. Internally, two shaft encoders mounted in contact with the
ball spin on X and Y axis, depending on which direction the ball
is rolled; in turn, quadrature signals generated by the encoders
are converted by the microprocessor in the trackball to create
the cursor.
ISSUE:
Whether the subject MT is properly classifiable within
subheading 8471.92.90, HTSUS, which provides for "other" input
units of automatic data processing (ADP) machines; or
classifiable within subheading 8473.30.40, HTSUS, which provides
for parts and accessories of the machines of heading 8471 which
do not incorporate a cathode ray tube (CRT).
LAW AND ANALYSIS:
In HQ 083187 (10/16/89), Customs addressed the classifi-
cation of a similar computer mouse (i.e., the Mitsi Mouse). We
ruled that this type of mouse is described within subheading
8471.92.90, HTSUS, as an "other" input unit. The subject MT is a
similar device which performs essentially the same type of input
function. While the MT is different from the Mitsi Mouse in that
it is mounted on the computer, it also allows the user to input
data or menu selections into an ADP machine or system. Accord-
ingly, we find this ruling instructive for determining that the
MT is also described within subheading 8471.92.90, HTSUS.
Counsel argues that the MT is excluded from subheading
8471.92.90, HTSUS, based on the claim that it does not in fact
input data. The Harmonized Commodity Description and Coding
System Explanatory Note (EN) for heading 8471, HTSUS, states that
input units receive input data and convert it into signals which
can be processed by the machine. EN 84.71(I)(A), p. 1298 (1992).
The MT satisfies this description. It uses a ball to generate
signals which are received by the microprocessor of the MT, and
then converted into a cursor on the computer screen. The cursor
may be positioned on data or menu selections by moving the ball.
By pushing a selector button on the mouse, the information under
the cursor is entered into the computer. While the ENs are not
dispositive, they provide a commentary on the scope of each
heading and offer guidance for interpretation of the HTSUS. H.
Conf. Rep. No. 576, 100th Cong., 2d Sess., p. 550, reprinted in
1988 U.S. CODE CONG. & ADMIN. NEWS p. 1582. Thus, we consider
the above EN instructive for determining that the subject MT
satisfies the description of an input unit.
Subheading 8473.30.40, HTSUS, provides for parts and
accessories of the machines of heading 8471 which do not
incorporate a CRT. It is argued that the subject MT is
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classifiable as an accessory of an ADP machine within this
subheading. However, a provision for "parts and accessories"
does not prevail over a specific provision for such part or
accessory. Additional U.S. Rule of Interpretation 1(c). A
provision for input units is a specific provision for the subject
MT. Consequently, the MT is precluded from classification within
subheading 8473.30.40, HTSUS, by the application of the above
legal note. In HQ 083187, we also excluded the Mitsi Mouse from
this subheading for the same reason.
HOLDING:
The "Mountable Trackball" computer mouse is classifiable
within subheading 8471.92.90, HTSUS, which provides for "other"
input units. You should deny the protest in full. A copy of
this decision should be attached to the Customs Form 19 and
mailed to the protestant as part of the notice of action on the
protest.
Sincerely,
John Durant, Director
Commercial Rulings Division