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NY G81598




September 21, 2000

CLA-2-84:RR:NC:MM:110 G81598

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.70.6000; 8471.70.9000; 8473.30.5000

Mr. Michael B. Marogil
NNR Aircargo Service (USA) Inc.
Hook Creek Blvd. & 145th Ave., Unit C-1A
Valley Stream, New York 11581

RE: The tariff classification of the Hitachi 172 Series optical drive system from Japan.

Dear Mr. Marogil:

In your letter dated August 22, 2000, on behalf of Nissei Sangyo America Ltd., you requested a tariff classification ruling.

The merchandise under consideration is a megneto-optic disk drive system for digital data storage applications. The 172 Series system is fully backward compatible, with the ability to read and write previous generation 650-megabyte, 1.3-gigabyte and 2-gigabyte optical disks. It is capable of storing 2.6-gigabytes of data on a single 5.25-inch cartridge. The 172 Series ranges from manual drives to stand-alone desktop units to jukeboxes with up to 501-gigabytes of storage capacity. The three types of configurations are the Manual Optical Disk Drive (OD models), Desktop Optical Disk Unit (OU models) and the Optical Disk Jukebox (OL models). The 172 Series conforms to the ISO standard for 2.6-gigabyte disks. All drives come with an industry standard SCSI-1 or SCSI-2 interface and support standard 2.6-gigabyte optical media from a number of suppliers. Multifunction capability allows both rewritable and write-once operation, according to the application and user-selectable setting. As per Mr. Yoshi Mizukoski, Product Manager of Nissei Sangyo, the jukeboxes may be imported with or without the optical disk drive installed. The disk drives for the jukeboxes are also imported separately.

The applicable subheading for the Hitachi 172 Series Manual Optical Disk Drive (OD models) and the Desktop Optical Disk Unit (OU models) will be 8471.70.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Automatic data processing machines and units thereof; magnetic or optical readersStorage units: Other storage units: Other." The rate of duty will be free.

Hitachi 172 Series Optical Disk Jukebox (OL models), imported with at least one disk drive installed will be 8471.70.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Automatic data processing machines and units thereof; magnetic or optical readersStorage units: Other storage units: Other." The rate of duty will be free.

Hitachi 172 Series Optical Disk Jukebox (OL models), imported without any disk drives (can not interface with ADP machines or systems), does not meet Chapter 84, Note 5 (B)(b) or (c). Therefore, the applicable subheading for the Optical Disk Jukebox (OL models) imported without any disk drives will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Parts and accessories 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: Other." The rate of duty will be free.

The applicable subheading for imported disk drives to be installed in Hitachi 172 Series Optical Disk Jukebox (OL models) will be 8471.70.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Automatic data processing machines and units thereof; magnetic or optical readersStorage units: Other storage units: Not assembled in cabinets for placing on a table, desk, wall, floor or similar place." The rate of duty will be free.

With regard to your inquiry as to the classification of parts of the 172 Series, additional information needs to be provided. Please specify the parts by name and part number. Provide information as to the composition of the part and its function. Provide a schematic or sample of each part. Note, each request should be limited to five items.

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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