NY NY1767 - The tariff classification of CD-Rom Software in a wooden case from Hong Kong. - United States International Trade Commision Rulings

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NY D80287

July 24, 1998

CLA-2-85:RR:NC:1:108 D80287

CATEGORY: CLASSIFICATION

TARIFF NO.: 8524.39.4000, 4420.90.6500

Mr. Chiu-Chou Lee

Chiu-Chou Lee CHB

440 S. Hindry Avenue #H

Inglewood Ca., 90301

RE: The tariff classification of CD-Rom Software in a wooden case from Hong Kong.

Dear Mr. Lee:

In your letter received in this office July 16, 1998, you requested a tariff classification ruling.

The item to be imported is interactive software (National Geographic) recorded on 31 CD-ROM laser discs. The discs are held in plastic jewel cases (4 discs to a case). The software in the cases are presented in a textile lined wooden (birch) box.

The applicable subheading for the National Geographic software on CD-ROM laser disc will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[r]ecords, tapes and other recorded media for sound or other similarly recorded phenomena...: [d]iscs for laser reading systems: [o]ther: [f]or reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs." The rate of duty will be 1.9 percent ad valorem.

The applicable subheading for the wooden case will be 4420.90.6500, HTS, which provides for "[j]ewelry boxes, silverware chests, microscope cases, tool or utensil cases and similar boxes, cases and chests, all the foregoing of wood: [l]ined with textile fabric. The rate of duty will be 0.4 cents per kilogram plus 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,

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