The tariff classification of a controller/adapter unit from Malaysia.

N028504 June 13, 2008 CLA-2-84:OT:RR:NC:1:120 CATEGORY: Classification TARIFF NO.: 8471.80.1000 James F. O’Hara Stein Shostak Shostak Pollack & O’Hara, LLP 865 South Figueroa Street Suite 1388 Los Angeles, CA 90017 RE: The tariff classification of a controller/adapter unit from Malaysia. Dear Mr. O’Hara: In your letter dated May 9, 2008, you requested a tariff classification ruling on behalf of your client, Pioneer Electronics (USA) Inc. The merchandise under consideration is the SEP-C1 Professional Software Entertainment Controller. The SEP-C1 allows the user to manipulate DJ or MIDI software installed on the computer to which it is connected, effectively taking the place of a keyboard and mouse while giving the user the tactile experience of traditional DJ equipment. The SEP-C1 unit features various buttons, dials, and sliders (i.e., loop control, tempo adjust, pitch bend, etc.) that correspond to software commands utilized by the DJ software installed on the connected computer. The rear panel of the SEP-C1 incorporates a Type B USB (universal serial bus) port, a “Monitor Out” video output connector, and a 5 Volt (V) connector. The SEP-C1 draws electrical power from its connected computer by means of an included 5V to USB cable. When the user activates a switch on the face of the SEP-C1, the unit receives the data and sends the signal to the computer through the included USB cable. The computer interprets the signals from the SEP-C1 and, in conjunction with the installed DJ software, performs all of the mixing, beat matching, and various audio effects required by the user. The SEP-C1 is incapable of managing music within or by itself, and cannot connect to speakers, musical instruments, or convert signals from other devices. An LCD (liquid crystal display) screen embedded in the face of the SEP-C1 provides the user with information output by the computer through the USB connection, such as the current tracks being mixed by the computer. If a larger display is desired for ease of use, the SEP-C1 effects interconnection of the computer to a user-supplied external monitor by means of the “Monitor Out” connection. The SEP-C1 meets the definition of a unit of an ADP system in that it is of a kind solely or principally used with an ADP system. It is connectable to the central processing unit (CPU) through its USB connection, and it is able to accept or deliver data in a form (codes or signals) which can be used by the system. The SEP-C1 will be packaged for retail sale with a software CD-ROM, the USB cable, the 5V to USB cable, a software manual, an operating instruction manual, and a warranty card. As imported, the SEP-C1, software CD-ROM, USB cable, USB auxiliary power cable, software manual, operating instruction manual, and warranty card meet the definition of “goods put up in sets for retail sale.” As per General Rule of Interpretation (GRI) 3(b), classification is determined by the component, or components taken together, which confer upon the set as a whole its essential character. The SEP-C1 clearly provides the essential character of the set. The applicable subheading for the SEP-C1 Professional Software Entertainment Controller set will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Automatic data processing machines and units thereof…: Other units of automatic data processing machines: Control or adapter units.” 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division