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NY 838981


Apr 11, 1989

CLA-2-85:S:N:N1:109 838981

CATEGORY: CLASSIFICATION

TARIFF NO.: 8504.40.0025

Mr. Matt Carlson
Radix Corporation
4855 Wiley Post Road
Salt Lake City, Utah 84116

RE: The tariff classification of a hand held data caption device, a portable printer, and a loader charger from England and Canada

Dear Mr. Carlson:

In your letter dated March 28, 1989, on behalf of IBS, Inc, Birmingham, AL, you requested a tariff classification ruling.

The battery charger, identified in the literature as FC-405 appears to be a standard device for recharging depleted batteries.

The applicable subheading for the battery charger, FC-405, will be 8504.40.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for "Rectifiers, other than power supplies." The duty rate will be 3 per cent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the hand held data caption device and the loader charger, identified as PBM-152, FW-60, and FL-5. Your request for a classification ruling should include the following information:

1) PBM-152 and the FW-60 - are these units capable of performing any or all of the following functions: -storing the processing program or programs and at least the data immediately necessary for the execution of the program; -being freely programmed in accordance with the requirements of the user;- arithmetical computations specified by the user; -executing, without human intervention, a processing program which requires them to modify their execution by logical decision during the processing run.

Also is this unit directly or individually connectable to the CPU of an automatic data processing machine and is it designed as a part of an automatic data processing machine?

2) FP-40 - Is this printer directly or indirectly connectable to the CPU of an automatic data processing machine?

3) FL-5 - Please furnish a complete description of the merchandise explaining what the merchandise is, where and how it is used, and exactly how it operates.

Goods classifiable under subheading 8504.40.0025, HTS, which have originated in the territory of Canada, will be entitled to a 2.4 per cent ad valorem rate of duty under the United States - Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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

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