CLA-2-90:RR:NC:MM:114 K81550

Mr. Michael Mazzarella
UPS Supply Chain Solutions
Hood Business Park
500 Rutherford Avenue
Charlestown, MA 012129

RE: The tariff classification of MSC 101.d Film on CD Package from Japan

Dear Mr. Mazzarella:

In your letter dated November 21, 2003, on behalf of Agfa Corporation, you requested a tariff classification ruling.

The MSC 101.d Film on CD Package is a photographic laboratory system. The system consists of three major components.

The primary unit, the MSC 101.d, is the film processor, printer and paper processor. The MSC101.d has the capability of processing 135 negatives, 120/220 negatives, APS film and 110 negatives. The MSC 101.d also contains a digital engine. Digital data can be taken from CD-ROMs, Zip disks, floppy disks, and other digital storage media. The end product of the MSC 101.d is color prints, a CD or both depending on the requirements of the retail customer.

The second item is the Agfa Film on CD PC . This unit formats the scanned images from the film scanner in order to record them onto a CD. The PC is an Intel Pentium 4:1.6GHz, 512 MB Ram. Pre-installed from the factory is the Agfa Film on CD software Suite. Not included are the keyboard, monitor and the film scanner. The retail shop owner will purchase the monitor, the keyboard and the film scanner separately.

The third item is the IP3 which is an image processor. The CD produced by the Agfa Film on CD PC can be stored or downloaded into the IP3. The IP3 then feeds a digital signal to the MSC 101.d’s digital engine which prints the image onto photosensitive paper. The IP3 manages the data stream of the MCS 101.d. The IP3 formats all of the images into an index print. The retail photographic laboratory can connect any external film scanner to the Agfa Film on CD PC. Once the film is scanned on the external scanner, a CD gets burned with the AGFA Film on CD software. The CD can then be stored or downloaded into the IP3. The IP3 feeds a digital signal to the MSC 101.d’s digital engine, which places the image onto photosensitive paper. The end result is a finished photograph. The MSC 101.d also automatically develops film and prints onto photographic paper to produce an image. The MSC101.d4, Agfa Film on CD PC and the IP3 are networked together to from a system with the flexibility of creating photographs from digital sources and film sources.

In your letter, you state that the three units that compose this compact minilab system are imported and marketed together to provide the photo industry with a more advanced process of producing and storing photo images for their customers. The MSC 101.d Film on CD package offers a hybrid solution using both analog and digital technologies.

The applicable subheading for the MSC 101.d system will be 9010.50.6000 Harmonized Tariff Schedule of the United States (HTS), which provides for other apparatus and equipment for photographic (including cinematographic) laboratories, 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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division