The tariff classification of tracker ball mechanisms fromEngland.

NY 882640 February 10, 1993 CLA-2-84:S:N:N1:110 882640 CATEGORY: Classification TARIFF NO.: 8471.92.9080 Mr. Anthony Fondacaro T.H. Weiss Inc. 160-23 Rockaway Blvd. Jamaica, N.Y. 11434 RE: The tariff classification of tracker ball mechanisms from England. Dear Mr. Fondacaro: In your letter received February 5, 1993, on behalf of Marconi Circuit Technology Corporation, you requested a tariff classification ruling. The merchandise under consideration involves two models of tracker-ball mechanisms that are designed for use with desk-top and lap-top computers. The model number RB2 measures approximately 8-inches in length by 4 1/2-inches in width, and has a depth of approximately 3-inches. Three user programmable push buttons allow the user to instantly load and enter various computer functions. This tracker-ball device can be useful for desk-top publishing, word processing, computer games, or for simple menu selection. The RB2 tracker-ball plugs into a computer via a RS 232 interface, or a PS2 port. The applicable subheading for the model number RB2 tracker- ball mechanism will be 8471.92.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for other input units, whether or not entered with the rest of the system, and whether or not containing storage units in the same housing. The duty rate will be 3.7-percent ad valorem. The other model noted in your letter is a tracker-ball mechanism or mouse which will be incorporated into a keyboard. Your inquiry does not provide enough information for us to give a classification ruling on this device. Your request for a classification ruling should include descriptive literature or a detailed explanation on the use of this item, and indicate how this built-in tracker-ball device functions. Will this device be physically incorporated into the keyboard housing, or is it merely attached to the keyboard externally? The literature submitted indicates that these tracker-ball mechanisms may be shipped with software. Noting Legal Note 6 to Chapter 85, software would be separately classified whether or not the software is entered with the apparatus for which it is intended. 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