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NY 890574





September 23, 1993

CLA-2-84:S:N:N1:110 890574

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.4000

Mr. James Alberti
A.J. Arango, Inc.
501 E. Jackson St.
Tampa, Florida 33602

RE: The tariff classification of a Write Guard from Australia.

Dear Mr. Alberti:

In your letter dated September 15, 1993, on behalf of Art Mayer, you requested a tariff classification ruling.

The merchandise under consideration involves a Write Guard device that is a hardware component designed for computer virus protection, password protection, and write protection.

The Write Guard is a small hardware device that fits into the computer by plugging a cable between the system's disk controller card and hard drive. A built-in microprocessor monitors all instructions going from the PC to the disk drive, and can be set to prevent data from being written to or read from selected parts of the hard disk. By partitioning the drive and write-protecting the partition containing the system and application files, it becomes impossible for a virus to gain a foothold on the disk. Noting the Explanatory Notes to the HTS, this incorporated ADP virus protection card, would appear to meet the definition of an accessory, since it enhances the function of the computer.

The applicable subheading for the Write Guard component will be 8473.30.4000, Harmonized Tariff Schedule of the United States (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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