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NY B81763




February 18, 1997

CLA-2-84:RR:NC:1:110 B81763

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.70.6000; 8471.70.4065; 8471.70.4035; 8471.80.1000

Mr. Scott L. Johnston
Givens And Associates, P.C.
950 Echo Lane, Suite 360
Houston, Texas 77024-2788

RE: The tariff classification of laptop computer components from Italy

Dear Mr. Johnston:

In your letter dated January 21, 1997, on behalf of Olivetti Personal Computers USA, Inc., you requested a tariff classification ruling.

The merchandise under consideration involves component parts and accessories intended for use with three models of Olivetti PC's new line of "Echos Pro" laptop computers.

The parts and accessories are designed for use with the Olivetti (Echos 133D, 133S, and 150S) series of machines, which are basically laptop computers with either 133 MHZ or 150 MHZ microprocessors, and 1.44 megabyte floppy disk drives. These components will be separately shipped and imported.

The CD-ROM drive is a storage unit that is interchangeable with and fits in the same slot as the floppy disk drive. It is designed as an internal storage drive, and cannot be used as an external drive. When used with the proper software, the cd-rom drive is capable of reading audio CD formats, although this will be primarily use for reading computer disk formatted media. This unit is an 8-speed (8x) cd-rom storage device, and is incapable of recording information to disk.

The hard disk drive unit is designed for use as an internal storage device for the laptop computer. It contains either 1.3 or 2.1 Gigabytes of memory, depending on what model it is used with. It is imported without an attached external power supply.

The floppy disk drive is designed for both internal use or external use with cable connector to the laptop's power supply. This double sided high density (1.4 megabytes nominal capacity) floppy drive has a protective housing and can be used as an internal or external drive. It is interchangeable with and fits in the same slot as the cd-rom drive. Since this floppy drive has no information recording capability, it would appear that this floppy drive will be principally used as an internal device.

The CD-ROM disk and floppy disk with software combination kit, with associated user manuals and included software license will also be separately shipped. This will normally consist of Microsoft Windows 95 operating system or the Microsoft Windows for Workgroups operating system.

The Echos Pro Docking System consists of two PCI card slots, a multi-function bay, a drive bay, full port replication, joystick port, and stereo speakers, including a sub-woofer, and power supply. This unit is designed primarily for converting a laptop into a desktop configuration, and interconnects the laptop computer with additional storage devices.

The applicable subheading for the CD-ROM drive unit will be 8471.70.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other storage units, not assembled in cabinets for placing on a table, desk, wall, floor or similar place. The rate of duty will be free.

The applicable subheading for the hard disk drive will be 8471.70.4065, HTS, which provides for other magnetic disk drive units, not assembled in cabinets, and without attached external power supply. The rate of duty will be free.

The applicable subheading for the floppy disk drive will be 8471.70.4035, HTS, which provides for other magnetic disk drive units, not assembled in cabinets, and without attached external power supply. The rate of duty will be free.

The applicable subheading for the Echos Pro Docking System will be 8471.80.1000, HTS, which provides for control or adapter units. The rate of duty will be free.

The classification issue of the Cd-ROM and floppy disk software is currently before Headquarters. At this time therefore, we are unable to comment on the classification of the software.

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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