CLA-2-84:OT:RR:NC:1:120

Mr. Felipe Sergio Schapira
SCA Industrial S.A.
Padilla 205 PB “C”
Buenas Aires, 1414
Argentina

RE: The tariff classification of an AdMouse, computer pointing device from Argentina

Dear Mr. Schapira:

In your letter dated January 4, 2013 you requested a tariff classification ruling.

The merchandise under consideration is the AdMouse CSMX1, which is a computer pointing device. This device allows disabled people with movement disorders to position a computer cursor in order to enter commands to a computer.

The AdMouse is a plug and play device that connects to a personal computer (PC) via a universal serial bus (USB) port. It has an ergonomic, rectangular-shaped design with a slight inclination. Ten color-coded action buttons are placed on its bas-relief surface to provide guidance and avoid unintended pressings. By pushing the action buttons, the user will activate different computer functions emulating a traditional mouse, such as moving the cursor in four different directions in order to point to a particular location on a computer screen. The action buttons can also modify the cursor’s speed; allow left or right single and double clicking, provide drag and drop actions, or multiple object selection. When the assistance request button is pressed, the device will emit an intermittent sound, and its three-signal light will blink.

The AdMouse meets Note 5(C) to Chapter 84, Harmonized Tariff Schedule of the United States, (HTSUS), which defines the term "data processing units" for purposes of heading 8471 and satisfies the following criteria: (i) It is the class or kind principally or solely used in an automatic data processing system (ADP).

(ii) It is connectable to the central processing unit (CPU) either directly or through one or more other units.

(iii) It can accept or deliver data in a form (codes or signals) that can be understood by an ADP Machine.

The applicable subheading for the AdMouse CSMX1 will be 8471.60.9050, 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.

In answer to your request, there are no specific US certification import requirements for subheading 8471.60.9050.

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,

Thomas J. Russo
Director
National Commodity Specialist Division