CLA-2-84:RR:NC:1:110 C83834

Mr. Kenneth G. Weigel
Kirkland & Ellis
655 Fifteenth Street, N.W.
Washington, D.C. 20005

RE: The tariff classification of components for model DKU-3051 disk storage units from Japan.

Dear Mr. Weigel:

In your letter dated January 23, 1998, on behalf of Hitachi Computer Products America, Inc., you requested a tariff classification ruling.

The merchandise under consideration involves complete disk storage units, and components and subassemblies of the disk storage units. The magnetic disk storage unit consists of a complete and assembled model DKU-3051. Stage 1 of these shipments will consist of the complete and assembled DKU-3051 disk storage unit. In Stage 2 and Stage 3, the shipments will consist of parts and subassemblies of the DKU unit, and will be described as the "L" group and the "M" group components. All of the "S" parts will be shipped separately from the "L" and "M" parts, and will be classified individually in accordance with GRI-1.

The DKU-3051 is the disk drive unit for Hitachi's 7700E Array Storage Subsystem. This subsystem uses an enhanced Redundant Array of Inexpensive Disks ("RAID") design, which allows for continuous storage, backup and maintenance of the subsystem without having to take the system down. The storage capacity in the DKU-3051 will be 181 G.B. per DKU and 363 G.B. per subsystem, and will consist of one DKC and two DKUs. The DKU-3051 will be able to have 56 Head Disk Assemblies ("HDA") in each unit. During Phase 1 the DKU-3051 will be imported in its complete and assembled form. In Phase 2 and Phase 3, the parts and subassemblies necessary for subassembly manufacturing and final DKU-3051 assembly in the United States will be imported. The parts and subassemblies will be imported in large ("L"), medium ("M"), and small ("S") parts groups.

The "L" parts will consist of: 1 - sheet metal parts for the frame and door assemblies for the DKU-3051; 2 - the HDU box assembly which consists of sheet metal parts for the HDU box. The HDU box assembly will contain up to seven HDAs. 4 - HDAs. A HDA consists of the platter, head, voice coil motor and spindle motor in an enclosed housing. After importation, a fan and a bracket are added to the HDA. To transform a HDA to a HDU, a read/write or drive main board and DC to DC converter are added to the HDA. There will be two power supplies per HDU box for up to 7 HDAs. The power supplies will be produced in the United States.

The "M" parts will consist of the back panel assembly. The back panel assemblies are designed and used specifically for the DKU-3051. As previously noted, the "S" parts for the DKU-3051 will be shipped separately. These parts will be classified in accordance with GRI-1.

The applicable subheading for the complete and assembled DKU-3051 will be 8471.70.5065, Harmonized Tariff Schedule of the United States (HTS), which provides for other hard magnetic disk drive units. The rate of duty will be free.

The applicable subheading for the "L" parts, which consist of the sheet metal frame assembly for the frame and door assembly for the DKU-3051, the sheet metal parts for the HDU box assembly, and the "M" parts which consist of the back panel assembly, will be 8473.30.5000, HTS, which provides for parts and accessories of the machines of heading 8471. not incorporating a cathode ray tube. The rate of duty will be free.

The HDAs are also classified as parts under item 8473.30.5000, HTS. The HDAs as imported do not contain the fan, read/write board, or the power supplies. Without these components, the HDAs lack the essential character of a disk drive unit and thus cannot be classified as such.

Therefore, the applicable subheading for the HDAs will be 8473.30.5000, HTS, which provides for parts and accessories of the machines of heading 8471 not incorporating a cathode ray tube. 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