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NY A86557



August 30, 1996

CLA-2-85:RR:NC:108:A86557

CATEGORY: CLASSIFICATION

TARIFF NO.: 8524.91.0070

Mr. Erik D. Smithweiss
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, New York 10167-0002

RE: The tariff classification of software.

Dear Mr. Smithweiss:

In your letter dated August 9, 1996, you requested a tariff classification ruling on behalf of Basler Inc.

Your letter requests a classification ruling on software on a hard disk drive to be imported with the L4 Label Inspection System. This software is classified separately from the L4 system because of Chapter 85, Note 6, which states that media of heading 8523 or 8524 remain classified in those headings, whether or not they are entered with the apparatus for which they are intended.

The applicable subheading for the software will be 8524.91.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: other: for reproducing phenomena other than sound or image: other. The rate of duty will be 5.8 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 Phil Carabetta at 212-466-5672.

Sincerely,

Roger J. Silvestri
Director

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