CLA-2-84:RR:NC:1:110 C81447

Mr. Ron Miller
Baydel North America, Inc.
2370 Bering Drive
San Jose, CA 95131

RE: The tariff classification of a RAID (O/ESR) storage system from United Kingdom

Dear Mr. Miller:

In your letter dated November 3, 1997, you requested a tariff classification ruling.

The merchandise under consideration involves an Open/Enterprise Systems RAID (O/EST) computer storage system that comes equipped with array expansion ports.

The O/ESR offers throughput rates of up to 40 Mbyte/sec per array controller and over 5,200 cached operations per second per controller. The O/ESR connects to any host platform with SCSI I/O channels. It supports software environments such as Informix, Novell, Oracle, SAP, Sybase, UNIX, and Windows NT. In its imported condition the RAID device includes the complete chassis, but less the DRAMS, and the outer cabinet. The racks, usually consisting of five, are included, and hold the hard disk drives which have a disk diameter of either 3.5" or 5.25".

The typical weight/volume of each system is 34kg/3081 cu.in. (for 3.5") and 47kg/4872 cu.in. for 5.25" systems. They are approximately 16" in width, 7 inches in height, 26 inches in depth, and weigh approximately 34 Kg.

Noting Legal Note 5 (B) to Chapter 84 of the HTS, these RAID storage devices would meet the definition of a "unit" of an ADP system. The applicable subheading for the RAID O/ESR storage device will be 8471.70.4065, Harmonized Tariff Schedule of the United States (HTS), which provides for other magnetic storage units, not assembled in cabinets, and without attached external power supply. 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 Art Brodbeck at 212-466-5490.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division