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NY I84011




July 31, 2002

CLA-2-84:RR:NC:1:110 I84011

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.9000

Mr. Dennis Heck
Yamaha Corporation of America
6600 Orangethorpe Ave., P.O. Box 6600
Buena Park, CA 90622-6600

RE: The tariff classification of a USB-MIDI Interface Converter from Japan.

Dear Mr. Heck:

In your letter dated June 28, 2002, on behalf of Yamaha Corporation of America, you requested a tariff classification ruling.

The merchandise under consideration is the Yamaha UX16 USB-MIDI Interface Converter. MIDI is a standard protocol for the interchange of musical information between musical instruments, synthesizers and computers. From the information provided with your ruling request and phone conference, the UX16 USB-MIDI (Universal Serial Bus-Musical Instrument Digital Interface) converter is described as a cable converter that allows the connection of most musical electronic MIDI keyboards to any desktop or portable computer with a USB port. The unit measures approximately 3.44” wide by 1.44” deep and is .64” high with three permanently attached cables, a 24” USB cable protruding from one end of the UX16 and twin 50” MIDI IN and OUT cables on the other end. This unit is imported packaged ready for retail sale with a CD-ROM.

The Yamaha UX16 USB-MIDI Interface Converter can handle 16 channels of simultaneous playback. This will support a music production system with one MIDI OUT port (16 channels) and one MIDI IN port (16 channels). The UX16 operates on USB power supplied by the computer. In order for the UX16 to function, it must be connected between a computer, using the 24” USB cable and a musical keyboard, using the twin 50” MIDI IN and OUT cables. A software driver must also be installed onto the operating computer. The UX16 USB-MIDI is designed to work with Macintosh® and/or Windows® operating systems or compatible computers. As imported, the Yamaha UX16 USB-MIDI Interface Converter’s main unit is packaged together with a CD-ROM disk that contains the software drivers, owner’s manual, OMS and Acrobate® Reader. System requirements include: personal computer with Pentium® 166 MHz or higher processor and USB port, Microsoft Windows® 98/ME/2000 or Mac OS 8.5 through 9.1 operating system, 64 MB of RAM or higher, and 2 MB or more of available hard-disk space.

The General Rules of Interpretation (GRI) under the Harmonized Tariff Schedule (HTS) governs the classification of goods put up in sets for retail sale. GRI 3(b) requires that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. Since this UX16 USB-MIDI main unit and the CD-ROM meet the definition of a “set” as per GRI 3(b), it would be classifiable according to the component, or components taken together, which confer on the set as a whole its essential character. As imported, the Yamaha UX16 USB-MIDI Interface Converter package meets the conditions of GRI 3(b) with regard to sets and the UX16 main unit provides the essential character of the set.

It is noted that this set contains software in the form of a CD-ROM, which must be classified in accordance with Legal Note 6 to chapter 85. Note 6, as modified January 1, 2002, states “This note does not apply to such media when they are entered with articles other than the apparatus for which they are intended.” The CD-ROM software must be installed into apparatus other than the UX16 USB-MIDI. Accordingly, since the CD-ROM is entered with an article other than the apparatus for which it is to be installed, the CD-ROM software need not be separately classified.

The applicable subheading for the UX16 USB-MIDI Interface Converter, imported as a set, will be 8471.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Automatic data processing machines and units thereofOther units of automatic data processing machines: Other: 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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