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NY D82831





October 2, 1998

CLA-2-85:RR:NC:1:108 D82831

CATEGORY: CLASSIFICATION

TARIFF NO.: 8523.20.0000

Mr. Dipan Karumsi
Ally International Services, Inc.
P.O. Box 60577
Ft. Meyers, Florida 33906-6577

RE: The tariff classification of magnetic disk cartridges from Malaysia.

Dear Mr. Karumsi:

In your letter dated September 14, 1998, on behalf of your client Iomega Corporation you requested a tariff classification ruling. Your submitted samples and accessories will be returned to you as requested.

The items are two types of magnetic disk cartridges for use with specifically designed disk drive units.

The first is called a Zip Disk which consists of a plastic housing and contains recorded media made of mylar coated plastic similar to a 3.5 inch diskette but with a storage capacity of 100 megabytes. The Zip Disk is formatted for use with IBM or Macintosh compatible machines. In addition to the formatting the Zip Disk also contains an executable file application entitle "50Zip" which informs the consumer of the applicable function of the disk cartridge.

The second item is a Jaz Disk which consists of a plastic housing and dual aluminum substrate "cookies". It is magnetically coated with storage capacity of up to 2 gigabytes. The Jaz Disk cartridge is formatted for use with IBM and Macintosh compatible machines. It also contains an executable file application entitle "50Jaz", which informs the consumer of the applicable function of the disk cartridge.

You stated in a conversation with this office that these items are the disks which the consumer will purchase in order to record data on both the Zip and Jaz drives.

The applicable subheading for the Zip Disk and Jaz Disk will be 8523.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of chapter 37: Magnetic discs. The rate of duty will be 0.6 percent ad valorem.

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 Michael Contino at 212-466-5672.

Sincerely,

Robert B. Swierupski
Director,

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