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NY R04362




July 19, 2006

CLA-2-84:RR:NC:1:110 R04362

CATEGORY: CLASSIFICATION

TARIFF NO.: 8470.10.0060

Ms. Karen D. Cooper-Martin
MGA Entertainment
16300 Roscoe Blvd., Suite 150
Van Nuys, CA 91406

RE: The tariff classification of the Fuse Box WiFi Instant Messenger from China.

Dear Ms. Cooper-Martin:

In your letter dated July 7, 2006, you requested a tariff classification ruling.

The merchandise under consideration is the Fuse Box WiFi Instant Messenger (UPC #: 338031). From the information that you provided with your ruling request and a phone conversation on July 12, 2006, you have indicated that the Fuse Box WiFi Instant Messenger is a handheld, battery powered portable device. This device is equipped with a 320 x 240 grey-scale LCD (Liquid Crystal Display) screen, miniature QWERTY keyboard with additional function keys, three display navigation keys, 32 MB of built in memory and 80211.b WiFi Technology. Additional features include a calculator function, address book, calendar, games and memo notes database.

The Fuse Box WiFi Instant Messenger functions as an electronic organizer or Personal Digital Assistant (PDA), and provides users with palm-sized wireless instant messaging and personal information. This device requires an access account to connect to public hotspots and home WiFi networks. Without an access account, the Fuse Box WiFi Instant Messenger is capable of performing the functions expected in an electronic organizer including a home time and world time clock, and calendar feature that can display any monthly calendar from 1901 through December 2099. It can create, draft, save, store, delete and file memos and messages. Other functions include a telephone directory with a search and select feature for storing names, phones numbers, home and e-mail addresses, full function calculator along with wireless email communications.

The Fuse Box WiFi Instant Messenger is a pocketsize organizer combined with wireless technology. As such it is a composite machine under Section XVI, Note 3. As imported, the principle function is that of an organizer, i.e. recording, reproducing, and displaying device.

The applicable subheading for the Fuse Box WiFi Instant Messenger will be 8470.10.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Calculating machines and pocket-size data recordingmachines with calculating functions: Electronic calculators capable of operation without an external source of electric power and pocket-size data recording, reproduction and displaying machines with calculating functionsOther.” The general rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Thomas Campanelli at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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