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NY H89811




April 16, 2002

CLA-2-84:RR:NC:1:110 H89811

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.9090

Mr. Brian Cochran
Logitech Inc.
6505 Kaiser Drive
Fremont, CA 94555-3615

RE: The tariff classification of the Voltaire from China.

Dear Mr. Cochran:

In your letter dated March 15, 2002, on behalf of Logitech Inc. you requested a tariff classification ruling.

The merchandise under consideration is the Voltaire digital pen. From the information provided with your ruling request, the Voltaire pen will be imported bulk packaged with a cradle unit. Retail packaging will be done in the United States with manual, software, etc. The pen is designed to store handwritten information while the cradle unit serves as a charger for the pen battery and the transmission device for the information stored inside the memory of the pen. The pen reads movement on paper with a specialized pattern consisting of several tiny dots, or pixels. Although the pen will work as an ordinary writing instrument, the memory function will only work with the specialized paper. The pen senses displacement when used with this specialized paper patterned with the dots or pixels. It uses a proprietary encoding system to determine the absolute coordinates of the pen tip on the paper. This information is then stored in memory within the device and input into a computer via the cradle unit.

The applicable subheading for the Voltaire pen will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofInput or output units, whether or not containing storage units in the same housing: Other: Other: Other: Other: Other: Other.” The rate of duty will be free.

We are rejecting your request for a classification ruling for the Voltaire cradle unit, and any related samples, exhibits, etc., because we need additional information in order to issue a ruling on these items. Please submit the additional information indicated below:

What is the function or functions or the cradle?

With regard to the data signal, does the cradle perform any signal conversion or interface functions to the computer? Is it just an electrical connection between the pen and the computer? Does it have active and passive components, which support the data signal? What are their functions? Please explain fully.

With regard to the power conversion function of the cradle, does the cradle perform AC to DC conversion? Does it provide a trickle charge to the battery? Does it require an AC/DC power brick for this function? Is the power brick built into the cradle or is it a separate unit? Please explain fully the power conversion capability of the cradle in its imported condition.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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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