CLA-2 CO:R:C:M 951008 MBR
Ms. Paula G. Swanson
Customs Administration Manager
Fujitsu America, Inc.
1741 Junction Avenue
San Jose, CA 95112-1010
RE: Revocation of NY 868268, dated October 30, 1991; Disk Drive
Module; "Without Attached External Power Supply" Defined;
Automatic Data Processing Machine Storage Unit; HQ 089330,
dated October 7, 1991; HQ 085946, dated January 2, 1990
Dear Ms. Swanson:
This is in reference to ruling letter NY 868268, dated October
30, 1991, which held that your disk drive module "upgrade kit" for
an ADP hard disk drive storage unit was classifiable under
subheading 8471.93.30, Harmonized Tariff Schedule of the United
You stated that you began importing the 6390, a large external
hard disk drive, from Fujitsu Limited. This disk drive was
initially imported as a finished product and classified under
subheading 8471.93.40, HTSUS.
Subsequently you began importing subassemblies for the 6390
disk drive. The instant "Upgrade Kit 4DM M2358H31" (Part Number
B03B-7150-B109A) is a subassembly for the 6390 disk drive. This
kit consists primarily of a disk enclosure and a power supply for
the disk enclosure. The disk enclosure is the hermetically sealed
unit which contains the 8" platters as well as the read/write
The instant class of merchandise consists of ADP magnetic hard
disk drive storage units with a disk diameter not exceeding 21 cm,
which incorporate a power supply and fan cooling in a single
enclosure. After importation, they are frequently mounted in a
rack with other similar hard drives and controllers.
What is the classification of automatic data processing
machine hard disk drive module ("upgrade kit") under the Harmonized
Tariff Schedule of the United States (HTSUS)?
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUS
govern the classification of goods in the tariff schedule. GRI 1
states, in pertinent part:
...classification shall be determined according to the terms
of the headings and any relative section or chapter notes...
In HQ 085946, dated January 2, 1990, we addressed the
classification of similar merchandise called the IBM 9335 "Direct
Access Storage Device." In that ruling we stated that:
The determination of a unit's state of completion is made by
determining the state of the unit itself and not the final
"completed systems" in which they will ultimately function.
They are fully assembled, have cooling apparatus and their own
power sources. To make them fully functional one need only
plug them in. In fact, it is clear that the only purpose of
rack-mounting the units together is for the convenience of
proximity in connecting them together with cables and,
perhaps, space consolidation. Thus, it is our view that these
units are complete.
Whether separate or joined, each is complete in and of itself
and each is a distinct and separate commercial entity. The
most that can be said is that they may (or may not) be used
together with another particular type of unit of a data
processing system, one as support for the other. It does not
make them, for tariff classification purposes, a "part" of the
ultimate automatic data processing system. United States v.
Willoughby Camera Stores, Inc., 21 CCPA 322, T.D. 46075
The fact that each unit at issue requires the attachment of
another article in order to be capable of performing its
function does not render each of them a "part," in that there
is no requirement that a machine must be "self-activating."
Nord Light, Inc. v. United States, 49 CCPA 12, C.A.D. 786
(1961). Although incapable of functioning unless placed in
configuration with certain other devices, they nevertheless
are, in and of themselves, peripheral machines used in
conjunction with data processing machines, specifically
provided for....Westinghouse Electric International Co. v.
United States, 28 Cust. Ct. 209, C.D. 1411 (1952), cited with
approval by Fairchild Camera & Instrument Corp., Inter-
Maritime Forwarding Co., Inc. v. United States, 53 CCPA 122,
126, C.A.D. 887 (1966). Furthermore, the fact that they are
designed to share a common "rack-mounting" does not mandate
their classification as a part. General Electric Company v.
United States, 2 CIT 84 (1981).
The instant merchandise meets the chapter 84 Legal Note 5.(B)
definition of a "unit" of an ADP system. These "drive modules"
(units) are imported in an enclosure which incorporates its own
power supply for external power (versus deriving power internally
from the PC itself). Subheading 8471.93.30, HTSUS, provides for:
"[s]torage units, whether or not entered with the rest of a system:
[o]ther: [n]ot assembled in cabinets, and without attached external
power supply." We interpret this provision to mean storage units
without an attached power supply that operates on external power.
The instant merchandise has an "attached external power supply."
Therefore, as we stated in HQ 089330, dated October 7, 1991,
classification is appropriate under subheading 8471.93.40, HTSUSA.
The Fujitsu disk drive module "Upgrade Kit" 4DM M2358H31 (Part
Number B03B-7150-B109A) storage unit for ADP machines,
incorporating a power supply for external power, is classifiable
under subheading 8471.93.40, HTSUS, which provides for:
"[a]utomatic data processing machines and units thereof: [s]torage
units, whether or not entered with the rest of a system: [o]ther:
[o]ther." The rate of duty is 3.7% ad valorem.
EFFECT ON OTHER RULINGS:
For the above stated reasons, NY 868268, dated October 30,
1991, is revoked under authority of Section 177.9(d), Customs
Regulations. The instant ruling will not be applied retroactively,
and will not, therefore, affect past importations of your
merchandise. We recognize that pending transactions may be
adversely affected by this revocation, in that contracts for
importations arriving at a port subsequent to the issuance of this
ruling will be classified pursuant to this ruling. If such a
situation arises, you may notify this office and apply for relief
from the binding effects of this decision as may be warranted by
John Durant, Director
Commercial Rulings Division
CC: Chief, National Import Specialist Branch 1
6 World Trade Center
New York, NY 10048-0945