NY 0854946 - The tariff classification of component parts for a floppy diskette clamshell from Japan. - United States International Trade Commision Rulings

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NY 854946

Aug 13 1990

CLA-2-73:S:N:N1:110 854946

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.9090; 7320.90.5030; 3919.90.5060

Mr. Ronald Jacobsen
Yusen Air & Sea Service (U.S.A.) Inc.
170 Thorndale Avenue
Bensenville, Illinois 60106-1111

RE: The tariff classification of component parts for a floppy diskette clamshell from Japan.

Dear Mr. Jacobsen:

In your letter dated July 10, 1990, on behalf of Kitano Corporation, you requested a tariff classification ruling.

The merchandise under consideration involves such components as a stainless steel shutter, stainless steel spring, adhesive rings, center plate, and a center core of stainless steel. All of these components are part of a 3.5 inch floppy disk cassette unit. After importation, they will be assembled with U.S. components into a finished floppy diskette.

Two recent Headquarters Ruling Letters, 087299 and 087024, classified a floppy diskette clamshell under the HTS provision of 3926.90, as articles of plastic, and such components as the center core and an A-ring under such HTS provisions as 3919.90 and 7616.90 according to their constituent material. The rulings stated that a floppy diskette is not a part or an accessory of automatic data processing machines under 8473, since they are provided for in Chapter 85 and because of Chapter 85, Legal Note 6. The components of these floppy diskette clamshells would thus be classified according to their constituent material or specific eo nomine provisions.

The applicable subheading for the stainless steel shutter will be 7326.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel. The rate of duty will be 5.7 percent ad valorem.

The applicable subheading for the stainless steel spring will be 7320.90.5030, HTS, which provides for other springs of iron or steel. The rate of duty will be 5.7 percent ad valorem.

The applicable subheading for the adhesive rings will be 3919.90.5060, HTS, which provides for other self-adhesive plates, sheets, film, foil, tape, strips, and other flat shapes, of plastics, whether or not in rolls. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the polyethylene center plate will be 3919.90.5060, HTS, which provides for other self-adhesive plates, sheets, film, foil, tape, strips, and other flat shapes, of plastics, whether or not in rolls. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the stainless steel center core will be 7326.90.9090, HTS, which provides for other articles of iron or steel. The rate of duty will be 5.7 percent ad valorem.

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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