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NY L82469




March 1, 2005

CLA-2-84:RR:NC:1:120:L82469

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.50.0085

Ms. Lisa M. Thomas
PBB Global Logistics, Inc.
670 Young Street
Tonawanda, NY 14150

RE: The tariff classification of Computer Integrated with Software from Canada

Dear Ms.Thomas:

In your letter dated February 14, 2005 you requested a tariff classification ruling on behalf of Taske Technology.

The Taske server is a Pentium 4 or equivalent processor loaded with a Microsoft-Windows 2000 or XP operating system. An Eicon card may be added to the computer to enable the Taske software installed on the server to communicate with an Avaya Magix telephone system. It monitors and reports on the telephone system usage. Taske does not apply any hardware or software blocks and does not perform any telecommunications functions such as switching, transmission, routing, etc. Chapter 84, Note 5A (a) (2) requires that an ADP machine be freely programmable by the user. The servers appear to be freely programmable.

The applicable subheading for the server will be 8471.50.0085, Harmonized Tariff Schedule of the United States (HTS), which provides for Automatic Data Processing machines and units thereof; Digital processing units other than those of subheading 8471.41 or 8471.49, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output 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 Denise M. Faingar at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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