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NY N023327





March 3, 2008

CLA-2-85:OT:RR:E:NC:1:108

CATEGORY: CLASSIFICATION

TARIFF NO.: 8523.40.3000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a CD laser-lens cleaner from China.

Dear Mr. Crago:

In your letter dated February 14, 2008, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is a compact disc (CD) laser-lens cleaner, item number W017GA00750, which incorporates three cleaning brushers and on-disc voice instructions. It is noted that this CD laser-lens cleaner is designed to be inserted into CD and DVD players as well as CD-ROM drives and video game players. At the time of importation, this merchandise is stated to be packaged in a fitted CD case for retail sale.

Since the CD laser-lens cleaner is considered to be a composite good for tariff classification purposes, it has been determined that the essential character of this merchandise is imparted by the CD.

The applicable subheading for the CD laser-lens cleaner will be 8523.40.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Discs, tapes, solid-state non-volatile storage devices, “smart cards” and other media for the recording of sound or other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37: Optical media: Recorded optical media: For reproducing sound only. 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 Lisa Cariello at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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