CLA-2-84:OT:RR:E:NC:1:120
Mr. Jose Castro
Symbol Technologies, Inc.
5400 George McVay Drive
McAllen, TX 78503
RE: The tariff classification of the MK500 Micro Kiosk unit from Mexico
Dear Mr. Castro:
In your letter dated March 12, 2009 you requested a tariff classification ruling.
The merchandise in question is the MK500 Micro Kiosk unit designed as a personal shopping assistant used by shoppers to scan data from barcodes for pricing, tallying quantity and running total of the balance, determine location of a product and contact assistance.
The MK500 Micro Kiosk unit measures 5.6” x 5.1” with a slim 1.7” profile. It incorporates an optical scanner that utilizes laser barcode scanning technology and a Liquid Crystal Display (LCD) readout of description of products, prices and quantities. Its quarter video graphics array (QVGA) LCD display measures 3.5" diagonally incorporating a touch screen plus three programmable buttons. It has an Intel XScale 520 MHz processor and a Windows CE.net 5.0 operating system. Based on additional information provided by your engineer, it has proprietary hardware installed which prevents the user from downloading another operating system. It has 64 MB of internal flash Read Only Memory (ROM), and 64 MB of synchronous dynamic random access memory (SDRAM). It has two integrated stereo speakers, mini USB and Ethernet data ports and a MicroSD card to download data. Wireless connectivity will be acquired through Symbol wireless switches, and access ports or points. For example, it can be connected wirelessly to a printer. It connects to the host computer’s central processing unit and accepts and delivers data which can be used by the ADP system.
While the MK500 Micro Kiosk unit has LAN radio connectivity and a processor, the principal function of this device is that of an ADP input/output unit meeting Note 5 (C) to Chapter 84. The barcode scanner is the input and the output is the LCD. The MK500 Micro Kiosk unit is a handheld ADP input/output optical barcode reader/scanner unit with LCD display and internal speakers. You request classification in subheading 8471.41.0150 as an automatic data processing machine comprising in the same housing at least a central processing unit, an input unit and an output unit. However, additional information provided indicates the unit does not meet note 5A to Ch. 84 because it is not freely programmable by the user as outlined in the Optrex America, Inc. vs. the US court case. The applicable subheading for the MK500 Micro Kiosk unit will be 8471.60.1050 , Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Automatic data processing machines and units thereof…Input or output units, whether or not containing storage units in the same housing: Combined input/output units: Other." 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) 733-3050.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division