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NY B81764




February 18, 1997

CLA-2-84:RR:NC:1:110 B81764

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.30.0000

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

RE: The tariff classification of "Echos Pro" laptop computers 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 three models of Olivetti PC's line of "Echos Pro" laptop computers, as well as parts and accessories.

The three models (Echos Pro 133D, 133S and 150S) are all laptop computers and vary only as to speed of their microprocessor (133 MHZ or 150 MHZ) and the type of screen (dual scan or active matrix color display). Each machine and its accessories will be packed together for retail sale in the imported box, and will include, in addition to the clamshell plastic case, necessary printed circuitry, related hardware, and power supply, the following major integral components and accessories:

Microprocessor- 133 MHZ or 150 MHZ
16 megabytes of EDO random access memory removable hard disk (1.3 or 2.1 Gigabyte) 1.44 megabyte floppy disk drive
8-speed cd-rom (interchanges with floppy disk drive) flat panel dual scan or active matrix color display (12.1'>30.5cm) internal 28.8 data/fax modem stereo speakers infrared port
PCMCIA expansion bus
Touch pad pointing device lithium ion battery ac adapter power cord cable w/connector cd-rom disk and floppy disk combination disk (Microsoft Windows 95 operating system, or Microsoft Windows for Workgroups)

These notebook computers and accessories are imported and sold as a retail set, and would thus meet the definition of goods put up in sets for retail sale, noting GRI-3 (b). The essential character of this retail set would be exemplified by the laptop computer. Noting Legal Note 6 to Chapter 85 of the HTS, the software would be separately classifiable under HTS number 8524.

The applicable subheading for the three models of "Echos Pro" laptop computers will be 8471.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for portable digital automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display. The rate of duty will be 2.7 percent ad valorem.

Regarding the classification of the software, that issue is currently before Headquarters. At this time therefore, we are unable to provide a binding classification for 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 Swierupski
Chief, Metals & Machinery Branch

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