CLA-2-1:RR:NC:1:120
Ms. Amy Johannesen
Cerny Associates, P.C.
Attorneys At Law
24 Smith Street
Building 2, Suite 102
Pawling, New York 12564
RE: The tariff classification of Universal Serial Bus (USB) Flash Drives from China
Dear Ms. Johannesen:
In your letter dated May 3, 2007 you requested a tariff classification ruling on behalf of your client, Kingston Technology Company, Incorporated.
The merchandise under consideration includes four external flash memory devices: DataTraveler “R” for ReadyBoost (DTR/1GB), DataTraveler II with software security (KUSBDTII/512MB), DataTraveler Secure Privacy Edition (DTSP/512MB), and the DataTraveler Mini USB (DTMini/512MB). The KUSBDTII and DTSP are encrypted with 256-bit AES Hardware Based Encryption and password protection. The samples of each model will be returned as requested.
The USB Flash drives are storage devices that employ Single-Level Cell Not AND (NAND) Flash and a controller in a capsulated portable case. The built-in Flash memory controller manages the interface with the host computer, and reads and writes to the Flash chips on the Flash storage device.
The USB Flash drives meet Note 5 (C) to Chapter 84, Harmonized Tariff Schedule of the United States (HTSUS). These storage devices connect to a computer’s central processing unit (CPU) directly through the USB port. They are able to accept or deliver data in a form which can be used by the computer system.
The applicable subheading for the DataTraveler “R” for ReadyBoost (DTR/1GB), DataTraveler II with software security (KUSBDTII/512MB), DataTraveler Secure Privacy Edition (DTSP/512MB), and the DataTraveler Mini USB (DTMini/512MB) will be 8471.70.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Automatic data processing machines and units thereof; Storage units: Other storage units: 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,
National Commodity
Specialist Division