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NY E89690




December 1, 1999

CLA-2-84:RR:NC:1:103 E89690

CATEGORY: CLASSIFICATION

TARIFF NO.: 8476.89.0000

Mr. Travis Hull
PBB Global Logistics
434 Delaware Avenue
Buffalo, NY 14202

RE: The tariff classification of a photo sticker vending machine from Canada

Dear Mr. Hull:

In your letter dated November 8, 1999 on behalf of Power Photo Kiosks Inc. you requested a tariff classification ruling.

The Power Photo digital imaging kiosk is a freestanding machine used in arcades, malls, and other public areas for vending personalized stickers. The kiosk basically consists of a steel frame housing a computer, a 20 inch television monitor, a digital camera, two dye sublimation printers, a touch screen, a bill validator/coin box, electronic controls and lighting. After depositing the appropriate amount of money, a picture of the customer is taken by the digital camera. The customer then selects a background depicting a famous personality or scene from a menu of sports and entertainment themes. Using the interactive touch screen, the customer is able to merge the digital image of his/her face into the chosen background which is displayed on the monitor, thus making it appear as if he or she is in the scene. After choosing the desired output format (a sheet containing 1, 4, or 16 individual photo stickers, or a single postcard), the merged scene is printed and dispensed. The total transaction time is about 2.5 minutes.

The digital imaging kiosk is approximately 28 inches wide, 28 inches deep, and 90 inches high, and weighs 300 pounds. Several kiosks can be networked by means of an internal modem and a standard telephone line, thus allowing sales data to be transmitted and determining whether preventive maintenance is needed. Background content can be changed automatically by downloading images from special CDs supplied by your client into the unit’s computer.

The applicable subheading for the digital imaging kiosk will be 8476.89.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for automatic goods-vending machines: other machines: other. The duty rate will be free.

In accordance with Note 6 to Chapter 85, the software used with the kiosk is classified separately. Your inquiry does not provide enough information for us to give a classification ruling on the software. Your request for a classification ruling should include a statement as to the nature of the software’s carrier medium and its inherent characteristics (i.e., reproduction of instructions, data, sound and image, and interactivity by the user). When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Alan Horowitz at 212-637-7027.

Sincerely,

Robert B. Swierupski
Director,

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