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NY L80610

November 3, 2004

CLA-2-84:RR:NC:1:110 L80610


TARIFF NO.: 8471.60.1095

Mr. Greg Sullivan
Psion Teklogix Inc.
2100 Meadowvale Blvd.
Mississauga, Ontario L5N 7J9, Canada

RE: The tariff classification of a hand-held computer from Canada.

Dear Mr. Sullivan:

In your letter dated October 20, 2004 you requested a tariff classification ruling.

The merchandise under consideration is the Psion Teklogix 7030 Hand Held Terminal. This hand held terminal allows mobile users to send and receive information and prioritized work instructions, as well as update databases in real time. From the information provided with your ruling request, the 7030 Hand Held Terminal is described as a microprocessor based, lightweight, battery operated, hand held data collection terminal with laser scanner. It is not a general-purpose computer and cannot be programmed by the user. It is designed for specific applications (i.e. package and asset tracking). This hand held terminal is constructed to withstand shock absorption. It is sealed against condensation, rain, sleet, salt, air and dust penetration for use in harsh working environments, including manufacturing, warehousing, distribution and intermodal operations. The 7030 Hand Held Terminal is ergonomically designed to fit comfortably into workers hands, making data entry easy and efficient. This unit features an alphanumeric keyboard layout that allows ambidextrous use in 57 or 40 key formats. The display is a monochrome ¼ VGA LCD (Liquid Crystal Display) with automatic backlighting, and adjustable contrast in 320 x 240 pixels. Standard features include a 32 bit HCMOS, plus 32 bit RISC CPU (Central Processing Unit), 2 MB Flash ROM (Read Only Memory) and 512 Kbytes RAM (Random Access Memory). Wireless communications options include 403 – 512 MHz Synthesized Narrowband and 902 – 928 MHz Spread Spectrum Transceiver. Two industrial I/O ports are standard, one 28-pin connector that accepts decoded and non-decoded tethered scanners and serial devices, and one 36-pin connector supports printers and other serial devices.

The Psion Teklogix 7030 Hand Held Terminal may be imported separately or as a set that includes the terminal, docking station, manual, batteries, adapter, cables and a protective carrying case. The General Rules of Interpretation (GRIs) of the Harmonized Tariff System (HTS) governs the classification of goods put up in sets for retail sale. GRI 3(b) provides, in relevant part, that goods put up for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The Explanatory Notes (ENs) of the HTS provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. According to the ENs for GRI 3(b), “goods put up in sets for retail sale” refers to goods which: consist of at least two different articles which are, prima facie, classifiable in different headings; consist of products or articles put up together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repackaging. When imported packaged together ready for retail sale with the items mentioned above, the 7030 Hand Held Terminal meets the definition of a set and the Hand Held Terminal provides the set its essential character.

The applicable subheading for the Psion Teklogix 7030 Hand Held Terminal imported separately or as a set will be 8471.60.1095, 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: Combined input/output units: Other.” The general 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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