CLA-2-85:OT:RR:NC:N1:112

Dan Jorgensen
Import Supervisor
Cargo Link International
881 South 3760 West
Salt Lake City, UT 84104

RE: The tariff classification of the Redfly Mobile Companion from China

Dear Mr. Jorgensen:

In your letter dated March 19, 2008, on behalf of Celio Corp., you requested a tariff classification ruling. The sample which you submitted is being returned as requested.

The item concerned is the Redfly Mobile Companion. This device is an accessory to select models of Windows Mobile Smart Phones. The Redfly Mobile Companion is a full keyboard and screen for your Smartphone. The device resembles a small laptop computer. The screen and keyboard are connected to one another by hinge at the rear of the device. When folded closed the unit measures 1 inch thick by 6 inches deep by 9 inches wide. The device incorporates an 8 inch diagonal display screen with an 800 x 480 resolution. It has an 8.3 inch 80-key QWERTY keyboard and a 1 inch by 2.9 inch touch pad. It weights 2.0 pounds and incorporates an 8-hour battery.

In use, the Redfly Mobile Companion would be connected to a Windows Mobile Smart Phone (Windows Mobile 5.0 and 6.0 only) via a USB cord or Bluetooth connection. Once connected all applications and data from the Smartphone appear on the Redfly display. The Redfly Mobile Companion’s keyboard and display screen are much larger than that of the Windows Mobile Smart Phone, which makes it easier for the user to access and use the various applications within the Smartphone (ie, Excel, Word, PowerPoint, etc). The Redfly Mobile Companion cannot function without being connected to a Smartphone. The Redfly Mobile Companion does not have its own CPU, hard drive memory, operating system, or data connection it uses those of the Smartphone.

The applicable subheading for the Redfly Mobile Companion will be 8543.70.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Articles designed for connection to telegraphic or telephonic apparatus or instruments or to telegraphic or telephonic networks”. The rate of duty will be 2.6%.

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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division