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NY B85942




May 30, 1997

CLA-2-84:RR:NC:1:110 B85942

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.70.6000; 8524.91.0030

Ms. Arlien Casillas
Memtek Products, Inc.
10100 Pioneer Blvd., Ste# 110
Santa Fe Springs, CA. 90670

RE: The tariff classification of a CD-ROM Drive from Taiwan.

Dear Ms. Casillas:

In your letter dated May 22, 1997, you requested a tariff classification ruling.

The merchandise under consideration involves a "Memorex" CD-202E 20X Speed CD-Rom Drive for personal computers. This CD-ROM Drive offers 20X speed application in markets such as electronic publishing, entertainment, and business applications.

The "Memorex" CD-202E 20X Speed CD-ROM Drive is a storage unit that 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. An embedded industry standard E-IDE interface and quick-install driver, allow direct connection of "Memorex" CD-202E via a hard disk data cable and a power cable.

This 20X speed internal CD-ROM drive measures approximately 7 3/4 inches in length by 5 3/4 inches in width, and has a height of 1 3/4 inches. A headphone jack is incorporated on the front panel. This drive has the capacity to play both audio and data CDS. The multi-platform CD-202E drive can run under major operating systems such as DOS, Windows, and OS/2 Warp. Its principal use appears to be for computer data storage applications. The software floppy installation disk, is separately classifiable, noting Legal Note 6 to Chapter 85 HTS.

The applicable subheading for the "Memorex" CD-202E 20X Speed CD-ROM Drive 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 software floppy installation disk will be 8524.91.0030, HTS< which provides for other prepackaged software for automatic data processing machines, of a kind sold at retail. The rate of duty will be 3.9 cents per square meter of recording surface.

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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