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NY 815333





October 5, 1995

CLA-2-84:R:N1:110 815333

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.99.9000

Ms. Angela Sharman
John A. Steer Company
900 Calcon Hook Road
Sharon Hill, PA 19079

RE: The tariff classification of magnetic stripe readers from Korea.

Dear Ms. Sharman:

In your letter dated September 26, 1995, on behalf of Peripheral Dynamics Inc., you requested a tariff classification ruling.

The merchandise under consideration involves two models of magnetic stripe readers (KDR1520 and KDR1321) that are used to read magnetic stripes on cards and badges.

These magnetic stripe readers are basically manual swipe type modules that read magnetically encoded data from magnetic stripes that conform to ISO standards and decode them to CLS, RCL and RDT in TTL signals. The two models of stripe readers are approximately 1 inch in height, and 10 inches in length, and have a power supply of 5VDC. These magnetic stripe readers appear to have applications in the following areas: time and attendance; factory floor data collection; employee identification; check cashing identification; and access control. It is the opinion of the inquirer that they are primarily used in access control devices.

The magnetic stripe readers do not appear to be dedicated and principally used with automatic data processing machines, and would thus not meet the definition of a "unit" of an ADP system as per Legal Note 5 (B) to Chapter 84 of the HTS. These devices however appear to meet the part II definition under Heading 8471, as magnetic or optical readers. The Explanatory Notes to the HTS, page 1300, which describes under section II (A), magnetic or optical readers, describes merchandise which is comparable to the two models before us.

The applicable subheading for the two models of magnetic stripe readers will be 8471.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included. The rate of duty will be 3 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Art Brodbeck at 212-466-5490.

Sincerely,

Roger J. Silvestri
Director

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