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NY R03337




March 13, 2006

CLA-2-84:RR:NC:1:120 R03337

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.60.9090

Ms. Brandy Green
Disc Go Technologies Inc.
105-20530 Langley Bypass
Langley, British Columbia V3A 6K8
Canada

RE: The tariff classification of the Disc-Go-Check machine from Canada

Dear Ms. Green,

In your letter dated February 24, 2006 you requested a tariff classification ruling.

The machine at 4” high x 13.25” wide x 16” deep weighs 19.5 lbs and has two drives. It reads discs, DVDs, and games (i.e.: play station 1 and 2) to determine scratches. It uses clear scanning technology to compare scratch patterns with media player capabilities to determine whether a disc is playable using a simple pass or fail rating system. It does not check scratch patterns against a predetermined standard.

While your marketing literature indicates, “plug and play” your engineer, verified that it is not connectable to a computer. It does require a connection to a stand-alone monitor to view results of check. The monitor cannot be connected to a computer while connected to the disc-go-check machine.

The disc-go-check machine has a microprocessor, read-only-memory (ROM) and random-access-memory (RAM). Yet, it is not freely programmable. The item is laser based to read codes from the discs not just verify them. It does not use software to operate. The item does not meet Section XVI, Ch.84 note 5 of the Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the disc-go-check machine will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included (con.): Input or output units, whether or not containing storage units in the same housing (con.): Other: Other: Other: Other: Other: Other. The 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).

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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