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NY B81750




February 4, 1997

CLA-2-84:RR:NC:1:110 B81750

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.5000; 8473.30.1000

Mr. Richard Haroian
Senior Counsel
Sony Electronics Inc.
16450 West Bernardo Drive
San Diego, CA 92127

RE: The tariff classification of Notebook computer sub-assemblies, and boards from Japan.

Dear Mr. Haroian:

In your letter dated January 29, 1997, you requested a tariff classification ruling.

The merchandise under consideration involves notebook computer base units (models NBB-133; NBB-150; and NBB-166) and a BIOS ROM PCB. The Notebook computers will be shipped and imported without the PCB with the BIOS ROM chip.

Without the BIOS ROM chip, the notebook computer cannot perform the functions required of an automatic data processing machine as set forth in Legal Note 5 (A) to Chapter 84 of the HTS. Specifically, the notebook computer will be incapable of performing the input/output functions and the logic and control function as well as being incapable of executing the processing program without human intervention. Please note HQ ruling 951443 of April 13, 1992, which dealt with the same issue as before us.

The PCB with the BIOS ROM chip will be separately shipped from the notebook computer base, and will be installed into the notebook computer in the U.S. The sample submitted with this ruling request indicates that the BIOS ROM chip is mounted on a small board, approximately one inch in length. The PCB is double-sided and contains 2 other discrete components (a capacitor and connector) besides the BIOS ROM chip. The extra components are on the side opposite the one in which the BIOS ROM is mounted.

The applicable subheading for the Notebook computer base unit without the BIOS ROM chip will be 8471.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of the machines of heading 8471. The rate of duty will be free.

The applicable subheading for the BIOS ROM PCB will be 8473.30.1000, HTS, which provides for printed circuit assemblies, that are parts and accessories of the machines of heading 8471. The rate of duty will be free.

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 Swierupski
Chief, Metals & Machinery Branch

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