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NY E81744

May 12, 1999

CLA-2-84:RR:NC:1:110 E81744


TARIFF NO.: 8471.60.9090

Mr. Juan Dominguez
Wal Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of an Ergo Mouse Kit from China

Dear Mr. Dominguez:

In your letter dated May 5, 1999, you requested a tariff classification ruling.

The merchandise under consideration, noting the sample submitted, involves a model 510-31B1 Ergo Mouse Kit, that consists of the following components: 3 button mouse; mouse pad; mouse clip; mouse holder, and driver software (3.5” disk).

The Ergo Mouse Kit is packaged and sold with all of the components packaged inside of a blister pack box. The mouse is a three button mouse with a comfortable ergonomic shape and complete with cable and 9-pin connector. The mouse is a combination PS2 or serial mouse, and is considered to be an ADP input unit, noting Legal Note 5 (B) to Chapter 84 of the HTS.

The mouse pad is constructed primarily of vulcanized rubber, with a coating of textile material on its top surface. It is approximately 8.5” inches in length, and 8” inches in width. The mouse clip and mouse holder of plastic, are used to hold and store the mouse, when not in use. The driver software consists of a 3.5” disk that is compatible with DOS, WIN 3.1 x /95/98, and NT 3.51/40.

Noting GRI-3(b), this mouse kit would meet the definition of a “set”, since it is a good put up in sets for retail sale. The material or component which gives this set its essential character would be the 3-button mouse. The driver software would be separately classifiable noting Legal Note 6 to Chapter 85 of the HTS.

The applicable subheading for the Ergo Mouse Kit will be 8471.60.90.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other input units. The rate of duty will be free

The applicable subheading for the driver software (3.5” disk) will be 8524.99.4000, HTS, which provides for other recorded media. 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 212-637-7019.


Robert B. Swierupski

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