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NY 888874




August 4, 1993

CLA-2-84:S:N:N1:110 888874

CATEGORY: CLASSIFICATION

TARIFF NO.: 8472.90.8000; 8524.23.1040

Mr. Steve De Castro
All-Ways Forwarding Int'l Inc.
Hemisphere Center
U.S. Route 1-9 South
Newark, N.J. 07114

RE: The tariff classification of a Pocket Rolodex File from China

Dear Mr. De Castro:

In your letter dated July 28, 1993, on behalf of Rolodex Corporation, you requested a tariff classification ruling.

The merchandise under consideration involves a model EL-64K electronic pocket Rolodex file that is designed to function as an executive organizing tool. This electronic storage and retrieval device incorporates a keyboard, a 24 character across by 6 line super-twist LCD display, primary batteries, and a base for placing it on a desk.

The device features a Business Card File, a Call list and Letters to Write list, a Reminder Note Pad, Monthly Calender, and Paper-free Calculator. This item is packaged along with an instructional video tape on how to operate the Pocket Rolodex File. This electronic device is approximately 4.25 inches in length, and 2.5 inches in height when folded together. It also has the ability to transfer files from one unit to another, through a beam of light which is basically an infrared transfer system.

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 this electronic filing device is imparted by its storage and retrieval function of previously stored and filed information, such as addresses, phone numbers, messages, and other reference information. Noting Legal Note 6 to Chapter 85 of HTS, the instructional video tape will be classified separately.

The applicable subheading for the Pocket Rolodex Electronic 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.

The applicable subheading for the instructional video tape will be
8524.23.1040, HTS, which provides for video tape recordings, of a width exceeding 6.5 mm, other. The rate of duty will be 0.66 cents per linear meter.

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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