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NY G85385





January 11, 2001

CLA-2-84:RR:NC:1:110 G85385

CATEGORY: CLASSIFICATION

TARIFF NO.: 8470.10.0060; 8524.39.4000; 4901.99.0050; 4202.91.0090

Mr. Jeff Satterlee
Russell A. Farrow (U.S.), Inc.
27221 Northline Road
Taylor, Michigan 48180-4400

RE: The tariff classification of a "Wireless Handheld Unit Kit" with "RIM 957 Wireless Handheld" and accessories from Canada, and "AC Adapter Charger" and "Leather Case" from China.

Dear Mr. Satterlee:

In your letter dated December 14, 2000, on behalf of your client Research in Motion Limited ("RIM") you requested a tariff classification ruling.

The merchandise under consideration is the "RIM 957 Wireless Handheld" and accessories. A sample of this device was submitted with your ruling request and will be returned to you. The sample submitted is packaged for retail sale in a cardboard box and is identified as a "Wireless Handheld Unit Kit." Within the box there is the "RIM 957 Wireless Handheld" device, "Docking Cradle," "AC Adapter Charger," "Leather Case," "Manual" and "CD-ROM Software." This article will be imported in the same condition as the sample submitted, that is, packaged for retail sale in a cardboard box set, and the individual items or accessories will also be imported individually as service or warranty parts.

The "RIM 957 Wireless Handheld" is a device measuring approximately 4.6" in length x 3.1" in width x .7" high and weighs approximately 5 ounces. This device is equipped with a full graphic LCD display, rechargeable internal lithium cell battery, 5 MB of Flash memory, 0.5 MB SRAM, RIM's wireless technology, a 33-key QWERTY keyboard, escape key and thumb-operated trackwheel. The "RIM 957 Wireless Handheld" functions as an electronic organizer or Personal Digital Assistant (PDA), and provides users with palm-sized messaging and personal information. This device displays the time of day, day of week, date, month and year. It can create, send, save, store, file, delete, receive, and forward messages. Other functions include an "Address Book" that can store a personal directory and enter notes in the database, "Calendar" with Day, Week, Month, or Agenda for keeping track of appointments, "Task" list, "Alarm", "MemoPad", full function Calculator along with wireless email communications. The "RIM 957 Wireless Handheld" is a pocketsize organizer combined with a two-way wireless radio. As such it is a composite machine under Section XVI, Note 3. The principle function is that of an organizer, i.e. recording, reproducing, and displaying.

The "Docking Cradle" included in the "Wireless Handheld Unit Kit" for the "RIM 957 Wireless Handheld" provides a link between the handheld and a personal computer (PC), which allows the user to synchronize messages, contacts, appointments, memos, and tasks between the handheld and a PC as well as store data. New applications can be added to the handheld through the PC link. The "RIM 957 Wireless Handheld" is recharged in the "Docking Cradle" with the "AC Adapter Charger" connected to the cradle RS-232 PC connector.

A "Leather Case" or "Holster" is provided with the "Wireless Handheld Unit Kit" and is formed to the shape of the handheld device with an open top. The case is equipped with a plastic belt clip attached to one side for ease of carrying. "Software" for the "RIM 957 Wireless Handheld" is provided in the "Wireless Handheld Unit Kit" in the form of a CD-ROM along with a comprehensive "Manual".

The classification of goods put up in sets for retail sale is governed by GRI 3(b). It is the organizer that imparts the essential character of this set. However, Chapter 85, Note 6 states that, "[r]ecords, 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 applicable subheading for the "Wireless Handheld Unit Kit" and the "RIM 957 Wireless Handheld" when imported separately or with the "Wireless Handheld Unit Kit" will be 8470.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for "pocket-size data recording, reproducing and displaying machines with calculating functions[o]ther." The rate of duty will be free.

As stated in Chapter 85, Note 6, the applicable subheading for the "CD-ROM Software" when imported separately or as part of the kit will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[r]ecords, tapes and other recorded media for sound or other similarly recorded phenomena[d]iscs for laser reading systems: [o]ther: [f]or reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine." The rate of duty will be free.

The applicable subheading for the "Manual" when imported separately will be 4901.99.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for "Printed books, brochures, leaflets and similar printed matter Other: Other: Other: Technical, scientific and professional books." The rate of duty will be free.

The applicable subheading for the "Leather Case" or "Holster" when imported separately will be 4202.91.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for "Trunks, suitcases, vanity cases, attaché cases, briefcases, school satchels, spectacle casesof leather or of composition leather Other: With outer surface of leather, of composition leather or of patent leather: Other." The rate of duty will be 4.5%.

We are reserving judgement for the classification of the "Docking Cradle" and "AC Adapter Charger" at this time because we need additional information in order to issue a ruling. It is unclear whether the "Docking Cradle" and "AC Adapter Charger" will be imported together as a set or individually as service or warranty parts. What components are in the "Docking Cradle" and what is its function? Please clarify the country of origin of these two items. 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 Eileen S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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