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HQ 087024


August 3, 1990

CLA-2 CO:R:C:G 087024 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 3919.90.50, 7616.90.00

Mr. Gerry A. Palomo
Japan Freight Consolidators, (Calif.) Inc. P.O. Box 280517
San Francisco International Airport
San Francisco, CA 94128-0517

RE: Center core and A-ring of micro floppy diskette clamshell

Dear Mr. Palomo:

Your letter of April 4, 1990, requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated ("HTSUSA") for certain parts of micro floppy diskette clamshells has been referred to this office for a reply.

FACTS:

The articles in question are the center core and the A-ring to micro floppy diskettes. The diskettes are used with automatic data processing machines ("ADPs"). The complete floppy diskette is three and one-half inches square. The housing of the diskette, the clamshell, is made of plastic and serves as a protective covering or holder for the magnetic media.

The center core of a diskette is made of aluminum. The magnetic media is placed around the center core. The core enables the diskette to rotate inside the disc drive of an ADP.

The A-ring of a diskette is an adhesive material that fits between the center core and the magnetic media. The A-ring is a flat, circular ring made of a plastic material with an adhesive applied to both sides.

ISSUE:

What is the proper classification under the HTSUSA for the center core and the A-ring, parts of the micro floppy diskette clamshells?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1, HTSUSA, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes..."

Chapter 85, Note 6, HTSUSA, requires that unrecorded media remain classified within heading 8523, HTSUSA, "whether or not they are entered with the apparatus for which they are intended." Heading 8523 describes "Prepared unrecorded media for sound recording or similar recording of other phenomena, other that products of chapter 37..." Unrecorded micro floppy diskettes are classified within heading 8523. See Headquarters Ruling Letter 086851 ("HQ 086851"), dated April 9, 1990.

Section XVI, Note 2(b), HTSUSA, requires that parts used solely or principally with a particular kind of machine are to be classified with that machine. Section XVI, Note 5, HTSUSA, defines "machine" as "any machine, machinery, plant, equipment, apparatus, or appliance cited in the headings of chapter 84 or 85." The A-ring and center core are parts of a micro floppy diskette. Magnetic media or a micro floppy diskette is "equipment" or "apparatus" within the meaning of Section XVI, Note 5. Thus, according to Section XVI, Note 2(b), the A-ring and center core should be classified within heading 8523 with the diskettes.

However, the provisions of heading 8523 do not include a subheading for parts. Therefore, the center core and A-ring, although used solely or principally with micro floppy diskettes, cannot be classified under heading 8523. Since the A-ring and the center core cannot be classified as parts of diskettes, they must be classified according to their constituent materials.

The center core is made of aluminum. The appropriate classification for the center core is in subheading 7616.90.00, HTSUSA, as "Other articles of aluminum...Other..."

The A-ring is made of adhesive plastic. Plastics are covered by Chapter 39, HTSUSA. Chapter 39, Note 1(o), HTSUSA, excludes "Articles of section XVI (machines and mechanical or electrical appliances)" from classification within chapter 39. The exclusionary language suggests that complete machines were meant to be excluded from Chapter 39. This language would also cover parts of machines that have provisions within Section XVI. However, the adhesive plastic A-rings are not provided for within Section XVI as a machine or a part. Therefore, the proper classification for the A-rings is in subheading 3919.90.50,

HTSUSA, as "Self-adhesive plates, sheets, film, foil, tape, strips and other flat shapes, of plastics, whether or not in rolls...Other...Other..."

HOLDING:

The aluminum center core and the A-ring of micro floppy diskette clamshells are classified according to their constituent materials. The aluminum center core is classified within subheading 7616.90.00, HTSUSA, as "Other articles of aluminum...Other..." The adhesive plastic A-ring is classified in subheading 3919.90.50, HTSUSA, as "Self-adhesive plates, sheets, film, foil, tape, strips and other flat shapes, of plastics, whether or not in rolls...Other...Other..."

Sincerely,

John Durant, Director
Commercial Rulings Division

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