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NY D83330




October 16, 1998

CLA-2-84:RR:NC:1:110 D833330

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.1000; 8473.30.5000; 8537.10.9070

Ms. Cynthia Esposito
Circle International
540 Rockaway Ave.
Valley Stream, N.Y. 11581

RE: The tariff classification of backplanes, storage cabinets, and terminator cards for ADP units from Scotland

Dear Ms. Esposito:

In your letter dated October 9, 1998, you requested a tariff classification ruling.

The merchandise under consideration involves backplanes for Storage Works SW370 and BA35x storage cabinets, Storage Works BA370 deskside-drive storage cabinets, and a terminator card for Storage Works BA35x desktop hard drive storage cabinets.

Model number 54-23907-01EO27 and 54-23957-01 are both backplanes for storage works deskside hard-drive storage cabinets. They are basically a PCB sub-assembly that is incorporated into a hard disk drive storage assembly. It is comprised of connectors, which enable the data to be temporarily stored until controllers within the whole assembly allow its onward transmission. These backplanes include printed wiring boards, connectors, gaskets, shroud housings, and covers, but do not include a CPU or other discrete components. Noting HQ 957719 these passive backplanes would be precluded from consideration under 8473, noting Legal Note 2 (a) to Section XVI of the HTS.

Item 54-23376-01Z is a terminator card for storage works BA35x desktop hard-drive storage cabinets. This card is comprised of a board, connectors, capacitors, resistors, and other electrical components which enable the data to be temporarily stored until controllers within the whole assembly allow its onward transmission.

Item 70-32851-01 & 70-32851-02 and 70-32852-01 & 70-32852-02 are basically hard-drive storage cabinets. They plug into hard drives and controllers, and take data from the hard drive to a computer or mainframe computer. They include such components as chassis, cardcages, fans and blower/power cord assemblies. These cabinets are dedicated for ADP storage units.

The applicable subheading for the storage cabinets (70-32852 and 70-32851) will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of the machines of heading 8471. The rate of duty will be free.

The applicable subheading for the two models of backplanes (54-23907 and 54-23957) will be 8537.10.9070, HTS, which provides for other boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electrical control or the distribution of electricity, for a voltage not exceeding 1,000 V. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the terminator card (54-23376-01Z) will be 8473.30.1000, HTS, which provides for printed circuit assemblies that are parts and accessories of the machines of heading 8471. 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, or NIS David Curran at 212-466-5680.

Sincerely,

Robert B. Swierupski
Director,

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