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NY 863652



May 29, 1991

CLA-2-84:S:N:N1:110 863652

CATEGORY: CLASSIFICATION

TARIFF NO.: 8472.90.8000

Mr. Michael R. Doram
Politis, Pollack & Doram
3255 Wilshire Blvd., Suite 1688
Los Angeles, Ca. 90045

RE: The tariff classification of an Electronic Card File from Hong Kong and China.

Dear Mr. Doram:

In your letter dated May 16, 1991, on behalf of Tele-Art Marketing, Ltd., you requested a tariff classification ruling.

The merchandise under consideration is an Electronic Card Filing Machine. The three models in question have the commercial designation of the 24K, 32K, and the 64K Electrodex Basic. The 24K Electrodex Basic is a battery powered free standing machine, which contains a LCD display screen, a keypad used to enter and access stored data, self-contained internal ROM programming, and RAM data storage memory, and a knurled knob called the "Spin- Dial" which can be manually turned to rapidly view files. These are office machines which have a wide base for placement on a desk and generally resemble a typewriter in appearance.

The Electrodex Basic also contains a Time Based Reminder Note Schedule System, a full function calculator, time and date display, and an auto dialing feature which could be connected to a single telephone line to permit speed dialing of any telephone number which has been stored in the memory. The Electrodex Basic Electronic Card File operates entirely independently from any telephone lines. The user may elect not to connect the machine to the telephone.

The Electrodex Basic is a composite article, and the "essential character" is imparted by the electronic storage and retrieval function, particularly the display. Buying a telephone dialer would be less expensive if the auto dialer function was of major importance. Noting GRI 3(b), an article consisting of different components which cannot be classified by reference to 3(a), shall be classified as if they consisted of the component which gives them their "essential character". In this instance, the "essential character " of the Electrodex Basic is imparted by their storage and retrieval function of previously stored and filed information, such as addresses, phone numbers, and reference information.

The applicable subheading for the models 24K, 32K, and 64K Electrodex Basic Card File will be 8472.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other office machines. 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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