CLA-2-84:S:N:N1:110 802011
Ms. Ann Marie Dowling
Seino America Incorporated
147-60 175th Street
Jamaica, N.Y. 11434
RE: The tariff classification of portable computers, and keypads from Taiwan.
Dear Ms. Dowling:
In your letter dated September 8, 1994, on behalf of Symbol Technologies, Inc., you requested a tariff classification ruling.
The merchandise under consideration involves Portable Data Computers (model numbers PDT 3300 & PDT 3300IS), and silicon keypads for the PDT 3300 and PDT 3300IS. These Portable Data Computers are primarily used for the collection of data.
The PDT 3300 Portable Data Computer is a hand-held computer that has a DOS operating system, BIOS, and diagnostics. It incorporates a LED display screen and keypad. This hand-held computer is primarily designed for the collection of data, and the distribution of the data based upon specified algorithmic decisions or external stimuli output. The data may be collected, modified and distributed based upon the program in the unit. . A printer and a modem may be connected to this hand-held computer. The PDT 3300IS model is deigned to be used in potentially combustible environments such as oil and gas refineries.
The PDT 3300 Portable Data Computer Series appears to meet the definition of Legal Note 5 (A) of Chapter 84 HTS, since it functions as a digital processing machine, and has the
ability to execute without human intervention, a processing program which may modify the execution of the program by logical decision during the processing run.
The silicon keypads for the PDT 3300 and the PDT 3300IS is the top "membrane" for the keypad. It functions as a "trigger" to the terminal. The "bumps" on the keypad depress the actual contacts to provide the electrical connection. The keypad itself is not connected to any electronic components. The keypad for the PDT 3300 is dedicated to the PDT 3300 Portable Data Computer series.
The applicable subheading for the PDT 3300 and PDT 3300IS Portable Data Computers will be 8471.20.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for digital automatic data processing machines, containing in the same housing at least a central processing unit and an input and output unit, whether or not combined. The rate of duty will be 3.9 percent ad valorem
The applicable subheading for the silicon keypads for the PDT 3300 and the PDT 3300IS Portable Data Computers will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of the machines of heading 8471. The rate of duty will be free.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport