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NY H85035




August 28, 2001

CLA-2-84:RR:NC:1:110 H85035

CATEGORY: CLASSIFICATION

TARIFF NO.: 8470.10.0060

Ms. Jenny Davenport
Wal⋆Mart Stores, Inc.
702 SW 8th Street
Bentonville, AR 72716-0410

RE: The tariff classification of the Z-Touch Personal Organizer from China.

Dear Ms. Davenport:

In your letter dated August 10, 2001, on behalf of Wal⋆Mart Stores, Inc., you requested a tariff classification ruling.

The merchandise under consideration is the Z-Touch Personal Organizer, style number LCD-ZTO. A sample of the Z-Touch Personal Organizer was provided with your ruling request and will be returned to you. The Z-Touch Personal Organizer is a battery powered pocket size digital interactive data organizer that can download data from a personal computer (PC). It measures approximately 2¾ inches in length by 1¾ inch in width and is ½ inch thick. There is a small “D” ring fastener mounted on an attached 1-inch long chain for safely securing this device from accidental loss. Two Stylus touch pens and an instruction manual is provided with this device. The Z-Touch Personal Organizer features a touch screen liquid crystal display (LCD) measuring approximately 1½ inches by 1¼ inches with two display lines and a touch screen keyboard on the lower half of the display. There are six control buttons at the bottom of the organizer used to select the various functions of the organizer. The Z-Touch Personal Organizer features a phone book that holds names, phone numbers, and email addresses. A clock & alarm, schedule reminder, calculator, fortuneteller and various games are also included. The Z-Touch Personal Organizer is capable of wireless communications with a PC or another Z-Touch unit by beam light emitting diodes (LED’s) located on the back of the organizer.

The Z-Touch Personal Organizer is a composite good with many features that are described under different provisions of the Harmonized Tariff Schedule of the United States (HTS). Noting GRI 3 (b) to the HTS, this composite good would thus be classified as if it consisted of the material or component that gives it its “essential character.” Noting the design and features of this multi-functional machine, the organizer appears to exemplify its essential character. Because of its ability to output data to another Z-Touch Personal Organizer, it is not considered a “display only” device.

The applicable subheading for the Z-Touch Personal Organizer, style number LCD-ZTO will be 8470.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functionsElectronic calculators capable of operation without an external source of electric power and pocket-size data recording, reproducing and displaying machines with calculating functions: Other.” 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 Eileen S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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