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NY A85734




August 9, 1996

CLA-2-85:RR:NC:MA: 112 A85734

CATEGORY: CLASSIFICATION

TARIFF NO.: 8538.90.8060

Mr. William A. Sharpe
I.C.S. Customs Service, Inc.
814 Thorndale Avenue
Bensenville, IL 60106

RE: The tariff classification of a touch panel from Japan

Dear Mr. Sharpe:

In your letter dated June 28, 1996, on behalf of Global Components Corporation, you requested a tariff classification ruling.

As indicated by the submitted sample, the touch panel, designated as part number 27R-005, is the input device for a machine controller. It consists of a rectangular frame with a clear glass insert, and contains six touch pads and four status indicator lights. Two electrical leads with connectors are attached to the rear of the panel.

The applicable subheading for the model 27R-005 touch panel will be 8538.90.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts suitable for use solely or principally with the apparatus of heading ...8537: Other parts of ... panel boards and distribution boards. The rate of duty will be 4.6 percent ad valorem.

You state that the importer believes this touch panel is classifiable under subheading 8471.60.1095, HTS, which provides for combined input/output units for automatic data processing machines. Since the panel does not meet the requirements enumerated in Legal Note 5(B), Chapter 84, HTS, as a unit of an ADP system, subheading 8471.60.1095 is not applicable.

This ruling is being issued under the provisions of Part 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 David Curran at 212-466-5680.

Sincerely,

Roger J. Silvestri

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