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NY F88259




June 19, 2000

CLA-2-84:RR:NC:MM:110 F88259

CATEGORY: CLASSIFICATION

TARIFF NO.: 8414.59.6090; 3926.90.9880

Mr. Mitchell Neriah
415 So. Prospect Ave. Ste. 110
Redondo Beach, CA 90277

RE: The tariff classification of a "DC FAN" and "HDD PIN COVER" from Japan.

Dear Mr. Neriah:

In your letter dated May 23, 2000, on behalf of your client Toshiba America Information Systems, Inc. (TAIS) you requested a tariff classification ruling.

The merchandise under consideration consists of two items imported by Toshiba for use in notebook computers.

The first item is TAIS part number G36610111027PROTO, "DC FAN", which is used within a notebook computer to help cool the CPU microprocessor chip on the motherboard. The sample submitted with your ruling request is a DC brushless fan rated at 5 volts and .17 amps. This fan is mounted on or near an aluminum heat sink that is mounted over the CPU chip.

The second item in question is the "HDD PIN COVER", TAIS part number G36220309050PROTO. The sample submitted with your ruling request is a rectangular plastic article 70mm long, 4mm wide and 5mm thick. This item is used to cover the electrical connector on a hard disk drive when the drive is removed from a notebook computer. Its primary function is to cover and protect the pin terminals on the connector from damage.

The applicable subheading for the "DC FAN" will be 8414.59.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for other axial fans. The rate of duty will be 2.3 percent ad valorem.

The "HDD PIN COVER" does not meet the requirements for accessories under heading 8473. Explanatory Note to heading 8473 states with regard to accessories, "The accessories covered by this heading are interchangeable parts or devices designed to adapt a machine for a particular operation, or to perform a particular service relative to the main function of the machine, or to increase its range of operations." It further states that this heading "excludes covers."

The applicable subheading for the "HDD PIN COVER" will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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 Eileen S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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