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NY R00550

July 29, 2004
CLA-2-84:RR:NC:1:110 R00550


TARIFF NO.: 8471.60.9090

Mr. Charles Lojko
1100 Davis Drive, Ste. 11, 12
Newmarket, ON
Canada L3Y 7V1

RE: The tariff classification of a fingerprint recognition device from Malaysia.

Dear Mr. Lojko:

In your letter dated July 7, 2004 you requested a tariff classification ruling.

The merchandise under consideration is the BioSlimDisk™ iCool (iCool). The BioSlimDisk™ iCool is a USB (Universal Serial Bus) data storage device that includes a fingerprint biometric sensor. It grants access to the data stored on the device, or encrypted on the local personal computer (PC) by the device, for those that provide an authorized fingerprint scan. This device is targeted towards computer security and protection of private data wherever it may be stored. The iCool is a separately housed device that plugs into a computer USB port, providing Biometrics fingerprint protection on both the device data and PC storage data from unauthorized access. The iCool features memory capacities of 128MB up to 1G. It has an image resolution of 248 x 360 pixels at a true 508dpi. The iCool has two modes, Storage and G+. In storage mode it has a build-in enrollment/authentication engine. Therefore, the fingerprint patterns are processed and stored in the device itself. In the G+ mode, the fingerprint patterns and encryption keys are stored on the PC because you need such information in order to take control of the PC. Once a fingerprint is scanned on the device, an image is reconstructed and a template is generated. This fingerprint pattern is then saved in a template.

The iCool functions as an X-Y coordinate input device under Ch. 84, Note 5 (D) of the Harmonized Tariff Schedule of the United States. It has a legitimate use when connected to a PC, notebook computer or similar ADP machine. When used with ADP machines it is connectable to the central processing unit (Ch. 84, Note 5 (B) (b) HTS) and is able to accept and deliver data in a form that can be used by the system (Ch. 84, Note 5 (B) (c) HTS).

The applicable subheading for the BioSlimDisk™ iCool 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 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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