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NY 859064

Dec 24 1990

CLA-2-84:S:N:N1:110 859064

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.92.1030; 8471.92.9080

Mr. Mark Jones
Hitachi America, Ltd.
50 Prospect Avenue
Tarrytown, N.Y. 10591-4698

RE: The tariff classification of an X-Window Graphics Terminal from Japan

Dear Mr. Jones:

In your letter dated December 11, 1990, you requested a tariff classification ruling.

The merchandise under consideration involves a graphics terminal that is designed to serve as a terminal connected to a host computer through a network. This terminal displays not only text, but drawings and other high quality graphics. The terminal consists of either a 17 or 19 inch color CRT monitor and a keyboard and optional mouse. The terminal incorporates a 32- bit microprocessor, model R3000, but does not contain an operating system. The unit does not have the ability to execute any portion of the program on its own, and is dependent on the host computer. It does not have the ability to perform arithmetical calculations. Noting Legal Note 5 (A) (a) of Chapter 84, HTS, this terminal would not appear to meet the definition of a digital processing machine.

This X-Window terminal is basically a combined input-output unit that is connectable to a computer through a network. It cannot be converted into a desk-top computer without making major changes to its circuitry.

The applicable subheading for the X-Window Graphics Terminal will be 8471.92.1030, Harmonized Tariff Schedule of the United States (HTS), which provides for combined input/output units. The rate of duty will be 3.7 percent ad valorem

The applicable subheading for the optional Mouse will be 8471.92.9080, HTS, which provides for other input devices whether or not entered with the rest of a system and whether or not containing storage units in the same housing. The rate of duty will be 3.7 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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