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NY K87040

June 25, 2004
CLA-2-84:RR:NC:1:110 K87040


TARIFF NO.: 8471.60.9090

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

RE: The tariff classification and country of origin marking of a digital pen packaged in a set for retail sale from China.

Dear Mr. Cochran:

In your letter dated June 10, 2004 you requested a tariff classification ruling.

The merchandise under consideration is the Logitech Io digital pen. The Io pen is identical to the Logitech Voltaire digital pen classified in NY H89811 dated April 16, 2002. In NY H89811, Customs determined that the Voltaire digital pen is properly classified under subheading 8471.60.9090 as an other input unit of an automatic data processing machines. This pen is designed to store handwritten information in memory for future transfer to a personal computer (PC) via a docking cradle. The docking cradle serves as a charger for the pen battery and the cable connection to the PC for the transfer of 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.

The Io digital pen will be imported as a starter set, packaged for retail sale with the Io pen, cradle unit, ink refills, user’s manual, warranty card, CD-ROM software, notebook and notepad containing the special pixel paper. The pen, cradle, manual, cable and CD-ROM will be manufactured in China, the notebook and notepad will be manufactured in Singapore, and the ink refills are from Germany. All items within the retail box will be marked with their correct country of origin.

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. As imported, the Logitech Io digital pen meets the definition of a set and the pen is the component which gives this set its essential character.

The applicable subheading for the Logitech Io digital pen set packaged for retail sale 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.

With regard to the marking requirement, your proposal of marking the retail carton “Made in China” is not acceptable. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Therefore, the retail carton should contain the country of origin of each component.

It is noted that the Io digital pen set will be packaged with software in the form of a CD-ROM, which must be classified in accordance with Legal Note 6 to chapter 85. Note 6, which states: “This note does not apply to such media when they are entered with articles other than the apparatus for which they are intended.” The CD-ROM software must be installed into apparatus other than the Logitech Io digital pen. Accordingly, since the CD-ROM is entered with an article other than the apparatus for which it is to be installed, the CD-ROM software need not be separately classified.

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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