CLA-2-84:RR:NC:1:110 G88408
Mr. Brian Cochran
Logitech Inc.
6505 Kaiser Drive
Fremont, CA 94555-3615
RE: The tariff classification of Game Controllers from China.
Dear Mr. Cochran:
In your letter dated March 5, 2001, on behalf of Logitech you requested a tariff classification ruling.
The merchandise under consideration consists of a number of input devices commonly known as game controllers. This ruling will be limited to four different controllers. The first item is the Logitech entry-level joystick, the WingMan( Attack( (part number 963192-0403). This joystick measures approximately 8.94 inches in width by 8.31 inches in depth, and has a height of approximately 10.24 inches. The WingMan Attack weights approximately 3 lbs. providing a stable base with a steel weight plate, which keeps the joystick from moving around for enhanced control. This pistol grip joystick employs three button switches with easy thumb access to select, change and perform various actions or commands. The WingMan Attack joystick features a Game Port Connection that installs on a wide range of personal computers.
The second item is the Logitech WingMan( Gamepad (part number 963196-0403). The WingMan Gamepad measures approximately 8 inches in width by 3.56 inches in depth and is 10.19 inches high. This is a hand held computer game controller that features a USB/game port combo interface for broad compatibility. The WingMan Gamepad is an 8-way D-pad that gives the user precise control over various computer action games. This gamepad works with personal computers running under Windows( 95, Windows( 98, or Windows( NT 4.0 operating systems, and comes with WingMan( Profiler( software in CD-ROM form to simplify creating custom configurations.
The third item is the Logitech WingMan( Precision( Gamepad (part number 963232-0403). The WingMan Precision Gamepad measures approximately 8.16 inches in width by 2.5 inches in depth and is 6 inches high. This is a hand held computer game controller that offers simple plug-and-play convenience with any Windows-based personal computer with an analog gameport and runs under Windows(, DOS and Linux operation systems. The WingMan Precision Gamepad is also an 8-way D-pad that gives the user precise control over various computer action games.
The forth item is the Logitech WingMan( Formula GP (part number 963220-0403). The WingMan Formula GP is a full-size, 10 inch steering wheel controller weighing 7.04 pounds. The custom design wheel shape includes rubber handgrips, four action buttons, two gear shifters and a dual clamping system that holds the wheel base tight and secure to a desk or table top. A non-slip textured and weighted floorboard is provided with realistic gas and brake pedals. The WingMan Formula GP features a Game Port Connection that installs on a wide range of personal computers.
Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTS) is in accordance with the General Rules of Interpretation (GRI’s). GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.
Legal Note 5 to chapter 84, HTS, which provides guidance regarding units of automatic data processing machines (ADP), states:
(B) Automatic data processing machines may be in the form of systems consisting of a variable number of separate units. Subject to paragraph (E) below, a unit is to be regarded as being a part of the complete system if it meets all of the following conditions:
(a) It is of a kind solely or principally used in an automatic data processing system;
(b) It is connectable to the central processing unit either directly or through one or more other units; and
(c) It is able to accept or deliver data in a form (codes or signals) which can be used by the system.
Separately presented units of an automatic data processing machine are to be classified in heading 8471.
Printers, keyboards, X-Y coordinate input devices and disk storage units which satisfy the conditions of paragraphs (B)(b) and (B)(c) above, are in all cases to be classified as units of heading 8471.
Noting Legal Note 5 (B) and (D) to Chapter 84, HTS, the four Game Controllers appear to meet the definition of a unit of an ADP machine as defined above. However, Legal Note 6 to Chapter 85 of the HTS, states “Records, tapes and other media of heading 8523 or 8524 remain classified in those headings, whether or not they are entered with the apparatus for which they are intended.” The software in all cases remains separately classified in heading 8524, in accordance with Chapter 85, Note 6, HTS.
The applicable subheading for all four Game Controllers, the WingMan( Attack( (part number 963192-0403), the WingMan( Gamepad (part number 963196-0403), the WingMan( Precision( Gamepad (part number 963232-0403), and the WingMan( Formula GP (part number 963220-0403) will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof…Input or output units…Other: Other: Other: Other: Other: Other.” The rate of duty will be free.
The applicable subheading for the WingMan( Profiler( CD-ROM software will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Records, tapes and other recorded media for sound or other similarly recorded phenomena…Discs for laser reading systems: Other: For reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form…” 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 Eileen S. Kaplan at 212-637-7019.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division