CLA-2-84:OT:RR:NC:1:120
Ms. Tami Adkins
Schenker, Inc.
6300 Air Cargo Road
Suite 3D
Oklahoma City, OK 73159
RE: The tariff classification of a wireless optical mouse, a webcam, and speakers from China.
Dear Ms. Adkins:
In your letter dated April 3, 2009, you requested a tariff classification ruling on behalf of your client, Jasco Products LLC.
The merchandise under consideration are described as the “Laptop Essentials” kit, the “Webcam with Earset” (item 98061), and the “Speakers and Earbuds” (item 95556). A photograph submitted of the “Laptop Essentials” kit and samples provided of the “Webcam with Earset” and “Speakers with Earbuds” will be returned to you.
The “Laptop Essentials” kit consists of a Wireless USB Optical Mouse and a neoprene laptop sleeve. Although packaged together for retail sale, the Wireless USB Optical Mouse and neoprene laptop sleeve do not comprise a set as defined by General Rule of Interpretation (GRI) 3, as they are not put up together to meet a particular need or carry out a specific activity. Thus, they will be classified separately. You state that the mouse (model number 98811) measures approximately 3.5 inches long by 2.2 inches wide by 1.25 inches deep. It is an optical x-y coordinate input device that meets Note 5(C) to Chapter 84, Harmonized Tariff Schedule of the United States (HTSUS), and so is a unit of an automatic data processing machine. The neoprene laptop sleeve cannot be ruled upon at this time.
The “Webcam with Earset” is comprised of a small camera with an adjustable neck that connects to a computer through the USB (universal serial bus) port. It measures approximately 2 ¾ inches high by 2 ¼ inches in diameter at its widest points, excluding the attached USB cable. This camera transmits live images in real time, has an image resolution of up to 352x288, and is Windows compatible. It is packaged for retail sale with an earbud/microphone headset, two changeable ear cups for the earbud, and an instruction manual.
The “Speakers and Earbuds” consist of a pair of desktop speakers each encased in a plastic housing that measures approximately 4 inches high by 3 ¼ inches wide by 1 ¾ inches deep at its widest points. They are packaged for retail sale with a pair of earbuds and four additional earbud cushions.
The applicable subheading for the Wireless USB Optical Mouse 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 duty rate will be Free.
The applicable subheading for the “Webcam with Earset”, item number 98061, will be 8525.80.3010, HTSUS, which provides for “Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders: Television cameras, digital cameras and video camera recorders: Other: Color.” The duty rate will be 2.1 percent.
The applicable subheading for the “Speakers and Earbuds”, item number 95556, will be 8518.29.8000, HTSUS, which provides for “Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audio frequency electric amplifiers; electric sound amplifier sets…: Loudspeakers, whether or not mounted in their enclosures: Other: Other.” The duty rate will be 4.9 percent.
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/.
Your inquiry does not provide enough information for us to give a classification ruling on the neoprene laptop sleeve. Your request for a classification ruling should include a sample of the item and answers to the following questions: What is the fiber content of the fabric covering the neoprene? Is it laminated or coated with any type of plastic? When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.
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