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NY H87017




January 28, 2002

CLA-2-84:RR:NC:1:110 H87017

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.49.1035; 8471.49.1095; 8471.49.2100; 8471.49.2600; 8471.49.2900; 8471.49.4895; 8471.70.5065; 8471.70.9000

Mr. Neil R. Trenchard
Siemens Shared Services, LLC
186 Wood Avenue South
Iselin, NJ 08830

RE: The tariff classification of the SIENET PACS system components from Germany, Ireland and the United Kingdom.

Dear Mr. Trenchard:

In your letter dated January 2, 2002, on behalf of Siemens Medical Systems, Inc. (SMS) you requested a tariff classification ruling.

The merchandise under consideration is SIENET PACS system. The SIENET PACS system is intended for use in medical and clinical applications allowing physicians to view or recall patient images generated from magnetic resonance imaging (MRI), computerized tomography (CT) or Ultrasound medical apparatus. There are various components that make up the SIENET PACS system. The various components are the MagicView Workstation, MagicStore Advance, MagicStore Professional, MagicStore Raid and the MagicStore Jukeboxes. These components are designed for the management, storage, archiving and distribution of data using digital imaging systems. The MagicView Workstation, MagicStore Advance and MagicStore Professional are based on Sun Microsystem type computers. They do not contain any hardware or software blocks that prevent them from being programmed by the user.

The MagicView Workstation is based on a desktop tower computer from various manufactures and is a complete system with a color cathode-ray tube (CRT) or liquid crystal display (LCD) monitor, keyboard and mouse. Some computers are purchased domestically for the Workstation. Siemens application software is loaded onto the computer hardware to enable the physician to view the images generated by the medical apparatus. However, this software does not prevent the installation of additional software. For the purpose of this ruling, only the MagicView 1000 manufactured in Germany, which is a Sun Microsystems, Inc. Sparc station clone, will be address in this ruling request. The MagicView 1000 uses the Unix and Sun Microsystem’s Solaris software as its operating system. The basic Workstation features an UltraSPARC-II processor, up to two Graphic cards, hard drive and CD-ROM Drive. The customer selects the monitors on a transaction-basis.

The MagicStore Advance also manufactured in Germany is a more sophisticated computer than the MagicView Workstation and utilizes two UltraSPARC-II central processing modules with a clock speed of 450 MHz. The standard configuration contains 1 GB random access memory (RAM) and 4-9 GB disk drive(s), CD read only memory (ROM), color CRT monitor, keyboard and mouse. The operating system is the Sun Microsystems Solaris 7 and Unix’s Open Windows.

The MagicStore Professional manufactured in Germany is an image and data server. This component is a stand alone cabinet measuring approximately 24 inches wide by 63 inches high and is 35½ inches deep. This component contains three Ultra Sparc 450 MHz CPUs, 2 GB RAM, 6-9 GB hard disk drives within the cabinet. A separate color CRT monitor, keyboard and mouse is included with this server. The operating system for this component is the Sun Microsystems Solaris 7 and Unix’s Open Windows.

The MagicStore RAID (redundant array of independent disk) is a storage cabinet manufactured in Ireland and measures approximately 24 inches wide by 46½ inches high and is 34¼ inches deep. With RAID Technology, data is distributed onto several hard disk drives in such a way that should one disk drive fail; all data can be reconstructed from the other drives. This storage unit stores the same data in different places on multiple hard disks, improving performance for multiple users and allowing faulty disk drives to be replaced during operation. As imported, the MagicStore RAID contains at least one bank of 180 GB magnetic hard disk drives and is capable of housing up to 800 GB of disk drives space.

The MagicStore Jukeboxes, which are manufactured in the United Kingdom, are cabinet’s containing magneto-optical disk drives or CD-R drives capable of holding and managing optical disks or compact disk (CD’s). Images are saved and permanently archived on a magneto-optical disk or CD after diagnosis. The optical disks or CD’s are managed in a jukebox or disk changer enabling direct access to the archived data from the clinical workstation. There are five different configurations of the MagicStore Jukebox. The four optical disk jukebox configurations have a capacity of 52, 156, 258 or 500 disks. The size of the cabinets will vary from approximately 14 inches wide by 39 inches high by 28 inches deep for the 52 disk unit to 37 inches wide by 68 inches high by 30½ inches deep for the 500 disk unit. The CD jukebox uses CD-R’s (Compact-Disk Recordable). Images are permanently burnt into the disc by a laser and cannot be subsequently modified. The CD Jukebox holds up to 150 CD-R’s and measures approximately 11 inches wide by 21 inches high by 23½ inches deep.

The applicable subheading for the digital processor or server of the MagicView 1000 Workstation, MagicStore Advance and the MagicStore Professional system imported with a color cathode-ray tube will be 8471.49.1035, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof Other digital automatic data processing machines: Other, entered in the form of systems: Digital processing units entered with the rest of a systemWith cathode-ray tube (CRT): Color.” The rate of duty will be free.

The applicable subheading for the digital processor of the MagicView 1000 Workstation imported with a color LCD monitor will be 8471.49.1095, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof Other digital automatic data processing machines: Other, entered in the form of systems: Digital processing units entered with the rest of a systemOther.” The rate of duty will be free.

The applicable subheading of the keyboard for the MagicView 1000 Workstation, MagicStore Advance and the MagicStore Professional system will be 8471.49.2100, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof Other digital automatic data processing machines: Other, entered in the form of systems: Input or output units entered with the rest of a systemOther: Keyboards.” The rate of duty will be free.

The applicable subheading of the color CRT monitor for the MagicView 1000 Workstation, MagicStore Advance and the MagicStore Professional system will be 8471.49.2600, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof Other digital automatic data processing machines: Other, entered in the form of systems: Input or output units entered with the rest of a systemOther: Display units: Other: With color cathode-ray tube (CRT).” The rate of duty will be free.

The applicable subheading of the color LCD monitor for the MagicView 1000 Workstation system will be 8471.49.2900, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof Other digital automatic data processing machines: Other, entered in the form of systems: Input or output units entered with the rest of a systemOther: Display units: Other: Other.” The rate of duty will be free.

The applicable subheading of the mouse for the MagicView 1000 Workstation, MagicStore Advance and the MagicStore Professional system will be 8471.49.4895, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof Other digital automatic data processing machines: Other, entered in the form of systems: Input or output units entered with the rest of a systemOther: Other: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for the MagicStore RAID will be 8471.70.5065, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof Storage units: Magnetic disk drive units: Other: Other: Hard magnetic disk drive units.” The rate of duty will be free.

The applicable subheading for the magneto-optical disk or CD MagicStore Jukeboxes will be 8471.70.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereof Storage units: Other storage units: 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 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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