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NY A84559

July 2, 1996

CLA-2-84:RR:NC:MA:110 A84559


TARIFF NO.: 8471.60.9090

MR. Jack Kilmartin
Yamato Customs Brokers
377 Swift Avenue
South San Francisco, CA 94080

RE: The tariff classification of a wireless computer mouse from Malaysia.

Dear Mr. Kilmartin:

In your letter dated June 5, 1996, on behalf of Gyration, Inc., you requested a tariff classification ruling.

The merchandise under consideration involves a free space wireless computer mouse which is known as "GyroPoint Pro". This unit measures 4.5 inches in length by 1.75 inches in width, and by 2.25 inches in height. It has a weight of 4 ounces with batteries. The user controls the action of the "GyroPoint Pro" wireless computer mouse cursor in the same way that a conventional mouse is used to select options in a computing environment, except that it is not rolled over a flat surface.

There are two parts to the "GyroPoint Pro. The first is a receiver. It is connected to a computer's serial or input/output port with an electrical cable. The second is a football shaped handset used to point at a screen and direct the movement of a cursor. The handset interacts with the receiver via radio waves, and it has an operating range of up to 75 feet. A cable may also be used to connect the receiver and the handset.

It appears that this GyroPoint Pro device includes a diskette of GyroTools for Windows. If such is the case, and noting Legal Note 6 to Chapter 85 of the HTS, the software disk would be separately classifiable under HTS number 8424.91.0030, as prepackaged software for automatic data processing machines, of a kind sold at retail. The rate of duty will be 5.8 cents per square meter of recording surface.

The applicable subheading for the "GyroPoint Pro" wireless computer mouse will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other input units. The rate of duty will be 2.2 percent ad valorem.

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 Art Brodbeck at 212-466-5490.


Roger J. Silvestri

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