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NY B80852





January 13, 1997

CLA-2-84:RR:NC:1:110 B80852

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.9000

Mr. Frank W. Schmitt
Affiliated USA Inc.
100 Walnut Street
Champlain, N.Y. 12919

RE: The tariff classification of a PayBox device from Canada

Dear: Mr. Schmitt:

In your letter dated December 26, 1996, on behalf of Nova Services, you requested a tariff classification ruling.

The merchandise under consideration consists of a computer interface and communications unit that performs the function of processing and transmitting data between various forms of electronic monetary transaction sources such as automated teller machines, cash registers, servers, check readers, point of sale terminals and host computer networks.

This device, which is a free standing unit, and incorporates 8 connection ports in the back, has a main function of processing transactional data received from the various peripherals to which it is connected. It communicates with financial institutions, LAN, WAN, telediagnosis and maintenance. It incorporates a Motorola 68302 processor, 512K of RAM, 5 programmable communications ports, a bi-modal modem, and 1Mb flash EEPROM.

Although performing both communications and data processing functions, this device appears to be principally used as a processing device for such operations as centralized batch closing, automated account reconciliation, off-line transaction processing, and channeling of authorization requests to the appropriate bank and processing the transaction in accordance with the bank's norms. Noting Legal Note 5 (A) to Chapter 84 of the HTS, this device would not however meet the definition of a digital processing unit. This device would meet the definition of a "unit" of an ADP system, noting Legal Note 5 (B) to Chapter 84 of the HTS.

The applicable subheading for the PayBox unit will be 8471.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other, other units of automatic data processing machines. The rate of duty will be 1.5 percent ad valorem.

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 Art Brodbeck at 212-466-5490.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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