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NY I84442

August 20, 2002

CLA-2-84:RR:NC:1:110 I84442


TARIFF NO.: 8471.80.1000

Mr. Jack Kilmartin
Yamato Customs Brokers U.S.A., Inc.
377 Oyster Point Blvd., Suite 15
South San Francisco, CA 94080

RE: The tariff classification of a wireless local area network device from Taiwan.

Dear Mr. Kilmartin:

In your letter dated July 17, 2002, on behalf of your client Mitsumi Electronics Corporation you requested a tariff classification ruling.

The merchandise under consideration is the Netstar 11. The Netstar 11 is used to create wireless communication within a local area network. It functions as an interconnection device between personal computers, laptop computers and personal digital assistants in a local area network. The Netstar 11 is imported in a package that contains two units and one AC adaptor. The AC adaptor powers one unit and the other unit is powered directly by the personal computers. Each unit measures approximately 2½ inches wide by 3½ inches deep and is 1 inch high. There is an omni-directional antenna measuring approximately 1½ inches protruding form one side of each unit that can be adjusted 180 degrees. Each unit features two input jacks: one RJ45 jack, to accept a 10 Base-T interface cable, and a DC 5V jack to accept direct current from the AC adaptor. The Netstar 11 units transmit and receive data signals to each other by radio frequency through 11 channels, using the frequency band 2400-2483.5 MHz.

It is noted that the Netstar 11 consists of two units and one AC adaptor imported together, packaged for retail sale. The General Rules of Interpretation (GRI) under the Harmonized Tariff Schedule (HTS) governs the classification of goods put up in sets for retail sale. Specifically, GRI 3(b) states:
goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

The Netstar 11 main units and AC adaptor meet the definition of a “set” as per GRI 3(b), classification is determined by the component, or components taken together, which confer on the set as a whole its essential character. As imported, the Netstar 11 package meets the conditions of GRI 3(b) with regard to sets and the main units provide the essential character of the set.

The applicable subheading for the Netstar11 will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofOther units of automatic data processing machines: Control or adapter units.” 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 646-733-3016.


Robert B. Swierupski

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