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NY H88856




March 15, 2002

CLA-2-84:RR:NC:1:110 H88856

CATEGORY: CLASSIFICATION

TARIFF NO.: 8537.10.9070

Mr. Lee Silberzahn
Manager, Compliance Systems
Sony Electronics Inc.
123 Trice Boulevard
Woodcliff Lake, NJ 07675

RE: The tariff classification of a wireless keyboard model KI-W55CV from Korea.

Dear Mr. Silberzahn:

In your letter, dated February 22, 2002, you requested a tariff classification ruling.

The merchandise under consideration is described as a wireless keyboard model KI-W55CV. This device is a wireless infrared (IR) keyboard and remote control designed for use with Sony’s set top box model DHG-M55CV. It will be used for Web TV applications. Descriptive literature and a sample were submitted with the request. The device consists of a QWERTY style keyboard combined with a remote control for the set top box . The device communicates wirelessly by infrared transmissions with the set top box. There are 12 buttons and one slide switch along the top of the device for the remote control of the set top box and TV. The 12 buttons are: power cable, power TV, menu, viewer, FAV (favorites), code set, input, mute, volume – , volume +, channel – , channel +. The switch is for TV or Cable. There are also keys underneath this row of buttons and slide switch at the top and certain keys down the right side of the device that function to control the set top box, TV, or VCR: rewind, play, fast forward, stop, pause, guide, movies, events, interactive, mail, option, full TV, display, last channel.

During a demonstration of this device on January 24, 2002, you claimed that this device was classified in heading 8471, Harmonized Tariff Schedule of the United States (HTS), as an automatic data processing (ADP) unit. The device was demonstrated with a standard laptop computer. An IR receiver was attached to the laptop computer to receive the IR signals from the device. It is claimed in your letter that the device will also work with a computer that has a built-in IR receiver. Additional interface software may be required for use with an ADP machine. It was noted, that none of the aforementioned remote control buttons, switch or keys are commonly found on an ADP type keyboard. None of these controls function with an ADP machine. Also the “delete” and “backspace” keys will not function with an ADP machine. It was the opinion of this office that the device was a composite machine under Section XVI, Note 3. You were requested to document the principal function of the composite machine (remote control v. keyboard function). You were also requested to document the principal use of the device under Chapter 84, Note 5(B)(a). The ruling request did not contain the requested documentation. On March 11, 2002, you informed this office that no additional documentation would be submitted.

The device in question is a composite machine consisting of a remote control and keyboard in one housing. It is noted that the device is only fully functional when used with Sony’s set top box model DHG-M55CV, for which it was designed and manufactured. The keyboard is used for Web TV applications and as such is dependent on the remote control function for access and control of the set top box. Both functions are significant in this device and a principal function has not been documented. Since this device is a composite machine without a principal function it will not be classified as a keyboard pursuant to Section XVI, Note 3. It is noted that Chapter 84, Note 5(D) only pertains to keyboards. The device under consideration is a composite machine that is not classifiable as a keyboard. Therefore, Chapter 84, Note 5(D) does not apply to this device. The information provided indicates that this device is of a kind that is solely or principally used with a set top box. It is not principally used in an ADP system. Therefore, it is precluded from classification in heading 8471, HTS, by Chapter 84, Note 5(B)(a).

The device consists of a board, panel, console or other base equipped with two or more apparatus of heading 8535 or 8536, for electrical control.

The applicable subheading for the wireless keyboard model KI-W55CV will be 8537.10.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricityFor a voltage not exceeding 1,000 V: Other: Other: Other.” The rate of duty will be 2.7 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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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