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NY B88969




September 3, 1997

CLA-2-84:RR:NC:1:110 B88969

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.70.6000; 8471.70.9000

Mr. Christian Wassan
Border Brokerage Company
P.O. Box 3549
Blaine, Washington 98231

RE: The tariff classification of a CD-ROM drive from Japan.

Dear Mr. Wassan:

In your letter dated August 19, 1997, on behalf of Nippon Technology Inc., you requested a tariff classification ruling.

The merchandise under consideration involves a model number XM-5702B internal CD-ROM drive. This drive unit is designed for incorporation within the floppy drive bay slot of desk-top and notebook computers.

This model XM-5702B CD-ROM drive features ATAPI interface capacity. It has an average of 1,800 Kbytes/s of sustained Data Transfer Rate. Additional features include 115ms High-Speed Random Seek Time; 125ms High-Speed Random Access Time, and a DMA Data Transfer. The front panel includes a headphone jack, and the rear panel includes an audio line output. This CD-ROM drive optically reads information from compact disks for input into the computer. This a not a read/write unit. Information can only be uploaded from the compact disc. Data cannot be transcribed onto the disc. An external version of the above described XM-5702B storage device may also be imported at a later date. This CD-ROM Drive would be mounted in its own case, and would sit on a table, desk, or other similar place.

The model XM-5702B CD-ROM drive is designed and principally used as a computer storage device. It would thus meet the definition of a "unit" of an automatic data processing (ADP) system as per Legal Note 5 (B) to Chapter 84 of the HTS.

The applicable subheading for the internally mounted model XM-5702B 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 an external version of the XM-5702B CD-ROM drive will be 8471.70.9000, HTS, which provides for other storage units. 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 B. Swierupski
Chief, Metals & Machinery Branch

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