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NY I84300




July 25, 2002

CLA-2-85:RR:NC:108:I84300

CATEGORY: CLASSIFICATION

TARIFF NO: 8524.39.4000

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road
Suite 400
Eden Prairie, MN 55347

RE: The tariff classification of a programmed CD-DVD disc.

Dear Mr. Young:

In your letter dated July 17, 2002 you requested, on behalf of your client America Online, a tariff classification ruling.

The sample you have submitted “AOL’s CD-ROM 7.0 (Item # DV-5)” is a CD disk with Internet software with a 30 second commercial in DVD format. You state that this is the traditional AOL software, which has instructions, data, sound and image, recorded in a machine-readable binary form

The applicable subheading for Item # DV-5 will be 8524.39.4000 Harmonized Tariff Schedule of the United States (HTS), which provides for records, tapes and other recorded media for sound or other similarly recorded phenomenaother, for reproducing representations of instructions, data, sound, and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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