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NY G86197




January 24, 2001

CLA-2-84:RR:NC:1:110 G86197

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.70.4065

Mr. Roy Kwong
Toshiba America Information Systems, Inc. 9740 Irvine Boulevard
Irvine, California 92618-1697

RE: The tariff classification of the "Toshiba 2GB PC Card Hard Drive" from Japan.

Dear Mr. Kwong:

In your letter dated December 8, 2000, on behalf of Toshiba America Information Systems, Inc., you requested a tariff classification ruling.

The item under consideration is a portable hard disk drive, which is designed to fit into any Type II PC Card slot. A sample of the "Toshiba 2GB PC Card Hard Drive" was submitted to this office and will be returned to you. This hard drive offers 2GB of uncompressed, formatted storage capacity and is in the form of a 1.8" PC Card. It is contained in its own stainless steel enclosure and it does not incorporate an external power supply. The "Toshiba 2GB PC Card Hard Drive" can be used in notebooks, PDA's, handheld computers, digital cameras, digital audio players and other portable handheld electronic devises with a PCMCIA Type II slot. It can be used in desktop computers equipped with a PC Card kit or USB adapter and supports a wide variety of disk compression software.

Although the item is enclosed in its own stainless steel housing, the enclosure of the "Toshiba 2GB PC Card Hard Drive" does not meet the definition of a cabinet. Ruling HQ 089561 indicates that the word cabinet has the common dictionary definition. It can be of the freestanding furniture type having a base or legs or of the freestanding case type for a radio or television receiver having a base. This unit meets Chapter 84, Note 5 (D) with regard to disk storage units.

The applicable subheading for the "Toshiba 2GB PC Card Hard Drive" will be 8471.70.4065, Harmonized Tariff Schedule of the United States (HTS), which provides for "Automatic data processing machines and units thereof; magnetic or optical readersStorage units: Magnetic disk drive units: Other: Not assembled in cabinets, and without attached external power supply: Hard magnetic disk drive units." 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 Eileen S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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