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NY H82208

July 5, 2001

CLA-2-90:RR:NC:MM:114 H82208


TARIFF NO.: 9013.80.9000

Ms. Valerie M. Suchor
Import Manager
Spectra Merchandising International, Inc. 4230 North Normandy Avenue
Chicago, Illinois 60634

RE: The tariff classification of digital databank organizer made in China

Dear Ms. Suchor:

In your letter dated May 29, 2001, you requested a tariff classification ruling on a digital databank organizer made in China. A sample of the Cool-I Digital Databank Organizer was submitted with your ruling request.

The submitted sample is identified as the Cool-I Digital Databank Organizer, Model CI-120. The item is a battery operated digital interactive data organizer that can download data from a personal computer (PC). It measures approximately 3 5/8 inches in length by 1 inch in width and is 1/2 inch thick. It is shaped to fit in the palm of the hand. There is a small ā€œDā€ ring fastener mounted on an attached 1-inch long chain for safely securing this device from accidental loss. The Cool-I Digital Databank Organizer features a liquid crystal display (LCD) screen measuring approximately 1 3/4 inches in length by 1/2 inch in width with two display lines of 10 and 12 characters. The organizer features a time, date and alarm display, world time zones for 100 cities, important event reminders with melody sounds, fortuneteller, and lucky seven games. The user can store up to 120 names and phone numbers. The user can also download messages. The process is to first enter the data into the computer program Magic-i that you download from a website, mymagic-i.com. The program is not included or packaged with the organizer. After you enter your data in the computer program, the program converts the data to light pulses.

The Cool-I Digital Databank Organizer communicates with the computer by pulses of light. It is only capable of data transfer and no data can be entered without connection to the computer. The organizer attaches to the computer by hanging from the columniform sticker included with the unit that you affix to the monitor. When you wish to download, you hang the organizer on the sticker in front of your computer screen and the program flashes pulses of light that are read, decoded, and stored by the organizer.

The Cool-I Digital Databank Organizer does not have a calculating function necessary for classification in Harmonized Tariff Schedule of the United States (HTS) heading 8470. The organizer does not have a base necessary for classification in HTS heading 8472. It does not meet Legal Note 5(B) to HTS chapter 84 with regard to units of automatic data processing (ADP) machines. The function of the organizer is too limited to be considered a storage unit. Data cannot be uploaded to the ADP machine and only certain limited information can be downloaded to this device. It is not solely or principally used in an ADP system. After the data is recorded, its principal use is to supply information to the user via the LCD. The organizer is also not an accessory in HTS heading 8473, because it does not adapt the ADP machine to a particular operation, or perform a service relative to the main function of the ADP machine, or increase its range of operation.

The applicable subheading for the Cool-I Digital Databank Organizer, Model CI-120, will be 9013.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter; other devices, appliances and instruments; other. The rate of duty will be 4.5 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 Barbara Kiefer at 212-637-7058.


Robert B. Swierupski

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