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NY D82242




September 25, 1998

CLA-2-84:RR:NC:1:110 D82242

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.70.5065; 8473.30.5000

Ms. Carol A. Rafferty
Kirkland & Ellis
655 Fifteenth Street, N.W.
Washington, D.C. 20005

RE: The tariff classification of modified components for model DKU-3051 disk storage units from Japan.

Dear Ms. Rafferty:

In your letter dated September 16, 1998, on behalf of Hitachi Computer Products America, Inc., you requested a tariff classification ruling.

The merchandise under consideration involves complete disk storage units, and components and subassemblies of the disk storage units as it applies to a slightly modified product. The magnetic storage unit consists of a complete and assembled model DKU-3051 which has been upgraded.

Modifications in the DKU-3051 slightly alter the specificat- ions of this magnetic disk storage unit. The maximum storage capacity will be increased from 360 GB to 765 GB; the data transfer rate will be increased from 7.6-10.7 MB/second to 10.0-15.3 MB/second; the number of HDAs per unit will be increased from 56 to 60; and the weight will be increased from 420 kilograms to 428 kilograms.

The "L" and the "M" parts will consist of the same disk drive components as noted in NY Ruling Letter C83834. As previously noted, these components will be imported without the fan, read/write board, and the power supply. Without these items, the HDA does not contain the "essential character" of a disk drive unit and cannot be classified as such.

The applicable subheading for the complete and assembled model DKU-3051 magnetic disk drive unit, with product modifica- tions as noted above, will be 8471.70.5065, Harmonized Tariff Schedule of the United States (HTS), which provides for other hard magnetic disk drive units. The rate of duty will be free.

The applicable subheading for the "L" parts, which consist of the sheet metal frame assembly for the frame and door assembly for the DKU-3051, the sheet metal parts for the hard disk unit box assembly, the Head Disk Assemblies (HDA), and the "M" parts which consist of the back panel assembly, will be 8473.30.5000, HTS, which provides for parts and accessories of the machines of heading 8471 not incorporating a cathode ray tube. 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
Director,

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