CLA-2-84:OT:RR:E:NC:1:120
Ms. Charlotte J. Chowning
Jasco Products Company LLC
10 E. Memorial Road
Oklahoma City, OK 73114
RE: The tariff classification of USB Number Pads from China.
Dear Ms. Chowning:
In your letter dated August 25, 2009 you requested a tariff classification ruling.
Under consideration are the Retractable USB Number Pad, item number 98757, and the Wireless USB Number Pad, item number 97980. These are stand-alone, plug-and-play number pads designed for use with Windows-based computers. Both Number Pads feature 19 keys with a similar configuration to that of a standard computer keyboard numeric keypad, and include keys for numbers 0-9, 000, number lock, /,*,-,+, and an enter key, with additional secondary functions (e.g., directional arrows, page up/down, etc.) available for most keys.
The Retractable USB Number Pad features a permanently attached retractable USB cable that measures 2.3 feet long, used to connect the number pad to the USB port of a computer. The Wireless USB Number Pad utilizes a separate wireless USB transmitter which plugs into the USB port of the computer, and communicates via RF (radio frequency) with the number pad. The Wireless Number Pad is also packaged for retail sale with a USB extension cable for optimal transmitter placement, one “AAA” battery, and a user’s manual.
Both the Retractable USB Number Pad and the Wireless USB Number Pad meet Note 5(C) to Chapter 84, HTSUS. They are solely or principally used in an automatic data processing system; they are connectable to the CPU either directly or through one or more other units; and they are able to accept or deliver data in a form (codes or signals) which can be used by the computer. Additionally, the Wireless USB Number Pad, USB transmitter, USB extension cable, battery, and user’s manual are packaged together, and meet the definition of “goods put up in sets for retail sale.” As per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. The USB Number Pad clearly provides the essential character of the set.
The applicable subheading for the Retractable USB Number Pad, item number 98757, and the Wireless USB Number Pad set, item number 97980, will be 8471.60.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Automatic data processing machines and units thereof…: Input or output units, whether or not containing storage units in the same housing: Other: Other: Other. The rate of duty will be Free.
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