CLA-2-84:RR:NC:1:120 R04440

Ms. Sherry Pompa
Selektro Power Inc.
3610 NW 115th Avenue
Doral, Florida 33178

RE: The tariff classification of USB Flash Drive from China

Dear Ms. Pompa:

In your letter dated July 20, 2006 you requested a tariff classification ruling.

The merchandise under consideration is the USB Flash Drive. It measures approximately 2ΒΌ long x 7/8 wide x 3/8 deep. A metal circle is located in the center of the plastic housing that serves as a button to remove the cap that covers the USB flash drive connection that plugs into a computer.

This unit is an external memory device for a computer that stores up to 512 MB of memory. It writes data at a speed up to 860 KB and reads data at a speed of 960 KB. It meets Note 5B of Ch. 84.

Finished computer equipment must comply with part 15 of the Federal Communications Commission (FCC) regulations. The finished product must be marked that it complies with part 15 or be marked with its FCC ID number. Failure to mark is treated like any other marking regulation. If you are concerned that a particular product does not comply with FCC requirements, you should contact the FCC. They can tell you whether a particular product falls under their regulations or not.

Information as to any possible FCC requirements should be requested from the Federal Communications Commission, 445 12th Street SW, Washington, DC 20554. This office may be contacted by telephone at 1-888-225-5322.

The applicable subheading for the USB Flash memory will be 8471.70.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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