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NY 891571





October 20, 1993

CLA-2-84:S:N:N1:110 891571

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.99.1500

Mr. Stephen R. Handy
Digital Equipment Corporation
50 Nagog Park
Acton, Mass. 01720-3499

RE: The tariff classification of a "VXT4000 Video Controller from Taiwan

Dear Mr. Handy:

In your letter dated October 14, 1993, you requested a tariff classification ruling.

The merchandise under consideration involves a model VXT4000 video controller that is designed and used with video terminals for controlling the way each page is displayed on the video screen. The VXT4000 is an enhancement over model VT1000 which was previously classified under HTS number 8471.99.15 in NY Ruling letter 848943 of January 30, 1990.

The controlling function in the VXT4000 has been enhanced to allow for multiple terminal emulations, which means that one terminal can now act as many different terminals, but remains basically a terminal controller. It consists essentially of a box that contains a printed circuit board assembly, and a dedicated power supply assembly. This model also has the ability to download a limited program from a host CPU to the controller, and use that program to enhance the operation of the terminal. It cannot however store a processing program and is also not freely programmable in accordance with the requirements of the user. Noting Legal Note 5 (A) to Chapter 84 of the HTS, this controller would not meet the definition of an "automatic data processing machine". It appears to be principally designed and used as a controller for video terminals.

The applicable subheading for the VXT4000 Video Controller will be 8471.99.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for control and adapter units. 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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