CLA-2-85:RR:NC:1:108 E89772
Mr. Alastair Moran
Livingston International Consulting Group
405 The West Mall
Toronto, Ontario Canada M9C 5K7
RE: The tariff classification of a pager cradle, transformer, recorded media and printed material from various countries.
Dear Mr. Moran:
In your letter dated October 29,1999, on behalf of your client Research in Motion Limited (RIM), you requested a tariff classification ruling.
The items in question are a pager cradle, a transformer, recorded media in the form of CD-ROMs and diskettes and a printed instruction manual.
The pager cradle and transformer will be imported into Canada from an unspecified country or countries. In Canada they will be combined, in a larger box, with the CD-ROMs, diskettes and the instruction manual. This combined merchandise will be shipped to the United States, from Canada, and will be repackaged prior to retail sale as “server kits” for pagers produced by RIM. Since these combined articles will be repackaged they are not put up in a manner suitable for sale directly to users without repackaging. They would not be considered a set for they do not comply with the third criteria of Explanatory Note X to GRI 3(b). Therefore each item will be classified separately.
The pager cradle is a passive device without any electronic circuitry. The signal travels across the cable wire and vice versa without the signal changed in any way by the cradle. The cradle is connected to the pager through a 14-pin connector.
The transformer, which is separate from the cradle, is a standard class 2 transformer that converts 120-volt alternating current to 12-volt direct current. It attaches to the cradle, not directly to the pager.
The software applications, in the form of CD-ROM and diskettes are used to accomplish the interactivity feature of the pre-owned pager.
The printed manual provides the operating instructions for the server kit.
The applicable subheading for the pager cradle will be 8544.51.90, Harmonized Tariff Schedule of the United States (HTS), which provides for Other electrical conductors, for voltage exceeding 80v but not exceeding 1,000v; Fitted with connectors: Other: Other. The general rate of duty will be 2.6 percent ad valorem.
The applicable subheading for the transformer will be 8504.40.95, Harmonized Tariff Schedule of the United States (HTS), which provides for Electrical transformers, static converters (for example rectifiers) and inductors; parts thereof: Static converters: Other. The general rate of duty will be 1.5 percent ad valorem.
The applicable subheading for the CD-ROMs will be 8524.39.40, Harmonized Tariff Schedule of the United States (HTS), which provides for Records tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: Discs for laser reading systems: Other. The general rate of duty will be 0.9 percent ad valorem.
The applicable subheading for the diskettes will be 8524.99.40, Harmonized Tariff Schedule of the United States (HTS), which provides for Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37; Other: Other. The rate of duty will be free.
The applicable subheading for the printed manual will be 4901.99.00, Harmonized tariff Schedule of the United States (HTS), which provides for Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets: 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 Michael Contino at 212-637-7039.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division