CLA-2-84:RR:NC:1:110 J89777
Ms. Sharon Roberson
Case Logic, Inc.
6303 Dry Creek Parkway
Longmont, CO 80503
RE: The tariff classification of a handheld scanner from China or Taiwan.
Dear Ms. Roberson:
In your letter dated October 10, 2003 you requested a tariff classification ruling.
The merchandise under consideration is the Case Logic USB Pen Scanner (Model Number CLPS1). A sample of the CLPS1 packaged ready for retail sale with instructions and software was submitted with your ruling request and will be returned to you. The CLPS1 is a handheld grayscale pen scanner measuring approximately 5 inches long by 1½ inches wide and is ¾ of an inch thick with two scanner buttons strategically place for the comfort of the user. The CLPS1 may be guided across any number of text or figures allowing the user to automatically scan into any Windows or Mac OS application (i.e., word processor, spreadsheet, database, office software, etc.). A 78” cable with a USB (Universal Serial Bus) connector is affixed to the pen scanner. This allows the Pen Scanner to be plugged directly into a laptop computer or personal computer (PC) with a USB port. The scanner is powered by the I.R.I.S. (Image Recognition Integrated Systems) software which is provided in the form of a CD-ROM. Once the software is installed into a host computer, the CLPS1 will accurately recognize a wide variety of fonts, point sizes, typestyles and formatting elements such as table cells.
It is noted that the Pen Scanner will be packaged with the 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 Pen Scanner. 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.
The applicable subheading for the USB Pen Scanner (Model Number CLPS1) is 8471.60.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Automatic data processing machines and units thereof…Input or output units, whether or not containing storage units in the same housing: Other: Other: Other: Optical scanners and magnetic ink recognition devices." 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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division