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NY E89334




November 17, 1999

CLA-2-85:RR:NC:1:108 E89334

CATEGORY: CLASSIFICATION

TARIFF NO.: 8523.90.0000

Mr. John Kettles
Data Distributing
107 Dakota Ave. #3
Santa Cruz, CA 95060

RE: The tariff classification of optical disks from Holland.

Dear Mr. Kettles:

In your letter dated November 4, 1999 you requested a tariff classification ruling.

The items in question are described as 51/4” optical disks. They are denoted as two specific types:

1. A 5.25-inch rewritable optical disk, with increased capacity, marketed under the Maxell label.

2. A 5.25 inch direct overwrite optical MO disk using LIMDOW technology. This allows the user to eliminate the erase cycle and write new data directly over existing data.

These optical disks are designed to be used with optical disk drives.

The applicable subheading for the optical disks will be 8523.90.0000, 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: Other. 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 Michael Contino at 212-637-7039.

Sincerely,

Robert B. Swierupski
Director,

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