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NY H83513




July 24, 2001

CLA-2-84:RR:NC:1:110 H83513

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.5000

Ms. Laura Denny
Customs Compliance Manager
CBT International, Inc.
110 West Ocean Blvd. Suite 728
Long Beach, California 90802

RE: The tariff classification of Model No. 556 “St. Louis” metal case housing for a Gateway computer from China or Taiwan.

Dear Ms. Denny:

In your letter dated July 11, 2001, on behalf of your client Axxion Group Corp., you requested a tariff classification ruling.

The merchandise under consideration is a metal case housing for a Gateway computer, model number 556 “St. Louis” chassis. A sample of this metal case housing was submitted with your ruling request and will be returned to you. The Gateway 556 “St. Louis” chassis is a metal case housing commonly known as a personal computer (PC) mini-tower. This metal case housing measures approximately 15 inches in height, 7½ inches in width, 16¼ inches in depth and has a plastic cover on the front with a on/off switch, two USB ports and openings for various hardware such as a floppy disk drive and/or CD-ROM drive. There are two metal brackets affixed within the housing for support of future hardware. As imported, there are no active components within this chassis. The Gateway 556 “St. Louis” chassis appears to be used solely or principally with automatic data processing machines of heading 8471 of the Harmonized Tariff Schedule of the United States (HTS).

Noting Legal Note 2(b) to Section XVI of the HTS, parts of machines if suitable for use solely or principally with a particular kind of machine, are to be classified with the machines of that kind. This metal case housing appears to be principally used as parts of an automatic data processing machine.

The applicable subheading for the Gateway “St. Louis” metal case housing model number 556 will be 8473.30.5000, 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: Other.” 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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