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NY K82080




January 22, 2004
CLA-2-84:RR:NC:1:103 K82080

CATEGORY: CLASSIFICATION

TARIFF NO.: 8476.89.0000

Mr. Donald S. Stein
Manatt, Phelps & Phillips
1501 M Street, Suite 700
Washington, DC 20005-1702

RE: The tariff classification of vending machines from Italy

Dear Mr. Stein:

In your letter dated December 8, 2003 on behalf of System Partners, Inc. you requested a tariff classification ruling.

The video/DVD vending machines incorporate the following three basic components:

(1) the ’’store” which contains a rack type storage compartment for storing and dispensing videos and DVDs. Capacity varies according to the model selected.

(2) the “console” which allows the user to interact with the machine by means of a touch screen. The console is similar in operation to a bank ATM machine. The console contains a magnetic “swipe card” interface by which the user gains access to the system. The card is used to track individual accounts and allows the computer to deduct the cost of the sale or rental of the video or DVD from the user’s prepaid account balance. The user chooses a video or DVD following on-screen instructions. The color screen assists the user in making his/her selection by allowing the user to search for a title by actor, title or category. User is also able to view original box art, read movie reviews and see rating information. The video or DVD is dispensed from the machine and the appropriate fee immediately deducted from the magnetic card for tapes that are sold, or at the time of return for rented videos. Machines accept cash or credit cards to re-load the magnetic card. Software can be configured to rent videos and DVDs without the “swipe card” using only a credit card.

(3) the graphics package for use with the console. As per additional information provided in your fax dated January 15, 2004, the software (i.e., graphics package) is installed on the hard disc of the video dispenser.

The video/DVD vending machines are available in various configurations. For example, a “store” can be configured with multiple consoles, thus allowing up to three people to use the machine at once (i.e., two people purchasing/renting while a third picks-up or returns). However, all vending machine models contain the three basic components described above.

The applicable subheading for the vending machines will be 8476.89.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other automatic-goods vending machines: 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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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