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NY N003350




December 8, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.1000

Mr. Matt Beck
National Instruments Corporation
11500 North Mopac Expressway
Austin, TX 78759

RE: The tariff classification of an eight-slot USB chassis from Hungary.

Dear Mr. Beck:

In your letter dated November 8, 2006 you requested a tariff classification ruling for the NI CompactDAQ chassis, model number NI cDAQ-9172. A sample was provided with your ruling request and will be returned to you.

The CompactDAQ chassis is an eight-slot universal serial bus (USB) chassis that can hold up to eight automatic data processing (ADP) plug-in modules. It consists of a steel housing containing a printed circuit assembly populated with multiple electronic components, including integrated circuits, resistors, diodes, and a 32-bit microprocessor. The chassis also contains additional components such as field-programmable gate arrays (FPGAs), and flash memory. Visible on the outside of the chassis are eight D-SUB printed circuit connectors, a USB connector, a power cord connector, two LED indicators, and an on-off switch.

The CompactDAQ chassis enables the transfer of data communication from a computer to the ADP plug-in modules, and vice versa. It must be connected to a computer via a USB cable in order to function. It is not capable of functioning as an ADP machine. The chassis, as defined by Section XVI, Note 4, Harmonized Tariff Schedule of the United States (HTSUS), is a functional unit, the components of which are intended to contribute together to a clearly defined function covered by one of the headings in Chapter 84 or 85. The whole, in this case, meets the definition of a “unit” of an automatic data processing machine as specified in Note 5 (B) of Chapter 84 to the HTSUS and is classified by its control and adaption functions.

The applicable subheading for the NI Compact DAQ chassis, model number NI cDAQ-9172 will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Automatic data processing machines and units thereof: Other units of automatic data processing machines: Control or adapter units. The general rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that your merchandise will be classified in 8517.69.00 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

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 Faingar at 646-733-3010.

Sincerely,

Robert B. Swierupski
Director,

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