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NY N012249

June 29, 2007



TARIFF NO.: 8471.30.0100

Ms. Laura Lyons
Palm, Incorporated
950 W. Maude Avenue
Sunnyvale, CA 940885

RE: The tariff classification of the Palm Foleo from China.

Dear Ms. Lyons:

In your letter dated May 31, 2007 you requested a tariff classification ruling. The submitted development sample will be returned as requested.

The merchandise under consideration includes the Palm Foleo. It is a self-contained portable computer about the size and shape of a smooth hardcover book, measuring 10 ½ inches x 6 ½ inches x 1 inch and weighing 2.5 lbs. The Foleo utilizes an Intel 413 Megahertz (MHz) central processing unit (CPU). It includes 256 megabytes (MB) of NAND Flash memory, 128 MB of RAM and 4 megabits (Mb) of NOR Flash memory. The Palm Foleo unfolds to reveal a 10 inch screen (1024 x 600 pixel resolution) and full-size “qwerty” keyboard; embedded in the center of the keyboard is a pointing stick which controls the mouse pointer. The Foleo also features an “on-off” button, a scroll wheel, “left” and “right” mouse buttons, “forward” and “back” navigational buttons, and a button which syncs the user’s wireless email program with the laptop.

The Foleo device utilizes an open-architecture, Linux-based operating system and includes a basic input/output system (BIOS). It communicates with the user’s cell phone email program using built-in Bluetooth wireless technology, allowing the user to read and compose emails using the Foleo’s larger screen and full-size keyboard. The Foleo can access the Internet using either its internal Wi-Fi capabilities, or by accessing a Bluetooth-connected cell phone’s Internet service, turning the cell phone into a wireless modem for the Foleo.

The Foleo does not have a built-in microphone or intrinsic voice over internet protocol (VoIP) capability. It is preloaded with software applications such as email, Documents to Go (including Word to Go, Excel to Go, and PowerPoint to Go), PDF Viewer, Photo Viewer, File Manager, a web browser, and a Linux command line terminal shell. However, there are no blocks preventing the user from downloading any off-the-shelf software. It has a 5 hour battery life, a USB port, a video-out port, a headphone jack, and slots for SD (secure digital) and compact flash cards.

The Foleo meets Note 5 (A) to Chapter 84, Harmonized Tariff Schedule of the United States (HTSUS), and is considered a digital automatic processing machines similar to a laptop for purposes of the HTSUS.

The Palm Foleo may be imported separately or put up for retail sale as a set, in a boxed container with a VGA Cable, an AC charger and user documentation. When imported as a set, the Palm Foleo imparts the essential character of the set.

The applicable subheading for the Palm Foleo and Palm Foleo set will be 8471.30.0100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for portable digital automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard, and a display. The 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 Denise Faingar at 646-733-3010.


Robert B. Swierupski

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