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NY 862515

Apr 24 1991

CLA-2-84:S:N:N1:110 862515

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.93.6000; 8473.30.4000

Mr. Kenneth G. Weigel
Baker & Hostetler
Washington Square, Suite 1100
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036

RE: The tariff classification of an MTU495 Tape Storage System from Japan

Dear Mr. Weigel:

In your letter dated April 17, 1991, on behalf of Hitachi Computer Products (America) Inc., you requested a tariff classification ruling.
The merchandise under consideration involves a model MTU495 tape storage system that is a part of a magnetic tape subsystem (MT490) that functions as a back-up storage system for magnetic disk units. This storage system performs the following functions: 1. responds to commands from the MTC; 2. loads or unloads the cartridge tape; 3. positions the tape; 4. reads or writes data on the tape; 5. performs diagnostic evaluation of the tape unit.

The MTU records data on a magnetic tape housed in a small cartridge. The tape is 12.65mm wide and has a minimum length of 165 meters. The MTU495 has four tape drives and two automatic cartridge changers associated with each tape drive. The recording density of the MTUs is 38000 BPI and the tape speed is 79 IPS.

The tape storage unit will be imported in its first stage as a complete and assembled unit. In stage two, the shipments will consist of "L" and "M" components. The L group parts are generally the larger parts of the MTUs, such as the cabinet and drive frame. The M group parts include various subassemblies such as the back panel assembly and head guide assembly. The smaller parts, described as the "S" parts, will be used to assemble the MTU subassemblies. The L, M, and S parts are not expected to be shipped together, although the M and L components may enter in the same shipment.

The applicable subheading for the complete and assembled MTU495 tape storage unit will be 8471.93.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other storage units, whether or not entered with the rest of a system. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the "L" and "M" components for the MTU495 unit will be 8473.30.4000, HTS, which provides for parts and accessories of the machines of heading 8471, not incorporating a cathode ray tube. The rate of duty will be free.

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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