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NY F86095




May 17, 2000

CLA-2-84:RR:NC:MM:110 F86095

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.1000; 8542.30.0090

Ms. Laura Guay
Livingston International, Inc.
100 Walnut Street
Champlain, New York 12912

RE: The tariff classification of Glider Evaluation System, Frame Grabber Interface Kit and VCA 1280 CMOS IC from Symagery Microsystems, Kanata, Ontario.

Dear Ms. Guay:

In your letter dated April 24, 2000, on behalf of Symagery Microsystems, you requested a tariff classification ruling.

The merchandise under consideration is Symagery Microsystems products: "Glider Evaluation", "VCA 1280 CMOS IC" (imaging chip) and "Frame Grabber Interface Kit." The "Gilder Evaluation System" is put together in a kit and consists of an external input device capable of capturing a digital image, and relaying this data directly to a PC via cable for processing. The system also includes an AC adapter, connecting cables, lens, software and documentation. The "Gilder Evaluation System" connects the imaging chip "VCA 1280 CMOS IC" which is mounted to a digital imaging board to a PC and provides a means by which a prospective user can understand its capabilities. The "VCA 1280" is an integrated circuit using CMOS technology to integrate image sensors with control, timing and A/D conversion circuitry. The "Frame Grabber Interface Kit" consists of a printed circuit assembly board to be mounted inside the PC and includes the NT driver, cable adapter bracket and frame grabber cable and is described as a computer interface kit.

The applicable subheading for the Frame Grabber Interface Kit will be 8473.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Printed circuit assemblies." The rate of duty will be Free. This kit also contains an NT driver. Software is classified in heading 8524 (Chapter 85, Note 6) which states "Records, tapes and other media of heading 8523 or 8524 remain classified in those headings, whether or not they are entered with the apparatus for which they are intended."

The applicable subheading for the VCA 1280 CMOS IC will be 8542.30.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for "Electronic integrated circuits and microassemblies; parts thereof: Other monolithic integrated circuits: Other: Other: Other, including mixed signal (analog/digital): Other." The rate of duty will be Free.

We are rejecting your request for a classification ruling for the Glider Evaluation System because of non-conformity with the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Additional information is required as indicated below:

Is the Glider Evaluation System a camera only? If so, is it a television type camera which captures live images in real time or a CCD digital still image camera that has storage capability? Is this device a mounted lens for a television camera? If so, describe its function and capability.

When this information is available, you may wish to consider resubmission of your request for a tariff classification ruling on the Glider Evaluation System. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

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 Eileen S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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