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NY C83619

January 30, 1998

CLA-2-84:RR:NC:1:110 C83619


TARIFF NO.: 8471.60.9090

Mr. Arvind K. Suri
J.F. Moran Co., Inc.
475 Douglas Pike
Smithfield, Rhode Island 02917

RE: The tariff classification of a scanner pen/datawell from Hong Kong

Dear Mr. Suri:

In your letter dated January 21, 1998, on behalf of A.T. Cross, you requested a tariff classification ruling.

The merchandise under consideration involves a scanner pen/datawell that is basically a combination input and interface device used with computers.

The scanner pen was designed to combine a bar code decoder with a traditional writing instrument. The scanner pen enables a user to remotely scan bar codes of various types, then upload the data to host computer, via the datawell.

The datawell is designed to create an interface between a scanner pen and a host computer system. Data is transmitted from the datawell to the scanner pen by use of an IR LED. Data is received from the scanner pen into the datawell by use of photo transistor. The datawell connects to a standard RS232 port and converts the optical interface from a scanner pen into RS232 data. The datawell is designed to derive all necessary power from the RS232 port itself and does not require any external power source. When not in use the datawell serves as a pen stand for the pen.

Noting Legal Note 5 (B) to Chapter 84 of the HTS, this device would meet the definition of a "unit" of an ADP system. Although functioning as both an input unit and adapter unit, it is our opinion that it is principally used as an ADP input unit for reading/scanning bar code information.

The applicable subheading for the scanner pen/datawell device will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other input units, whether or not containing storage units in the same housing. 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 Art Brodbeck at 212-466-5490.


Robert B. Swierupski

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