CLA-2-84:RR:NC:1:110 C89869
Mr. Dipan Karumsi
Allyn International Services Inc.
6290 Corporate Court, Suite C201
Ft. Myers, Florida 33919
RE: The tariff classification of a Clik internal disk drive from Malaysia.
Dear Mr. Karumsi:
In your letter dated July 2, 1998, on behalf of Iomega Corporation, you
requested a tariff classification ruling.
The merchandise under consideration involves a Clik internal floppy disk
drive, with 40MB capacity, that will be used in a variety of portable digital or
desktop products as an alternative method of storage.
The Clik internal disk drive has 40MB storage capacity, and stores
information on removable floppy disks, which allow for easy interface between
the personal computer and products containing the Clik drive unit. The products
with the Clik drives will interface directly with the personal computer via
parallel or serial port. The Clik drive unit can be used with such portable
digital and desktop products such as:
Desktop and notebook computers; digital cameras; Personal Digital
Assistants (PDA's); Smart cellular phones; global positioning Systems;
Hand-held computers; and other applications defined by the market.
The Clik internal disk drives can be configured to a certain end use at
time of importation, or be imported without differentiation, and be further
configured in the U.S. for specific OEM applications. These drives are
approximately the size of a credit card, with dimensions of 2" in width, and 3
1/2" in length.
Noting Legal Note 5 (B) to Chapter 84 of the HTS, these internal drive
units would meet the definition of a "unit" of an ADP system. Since these
drives are capable of use with various end products, but satisfy the conditions
of paragraphs (B)(b) and (B)(c) for Legal Note 5 (D) to Chapter 84 of he HTS,
these drives are in all cases to be classified as units of heading 8471.
The applicable subheading for the Clik internal disk drives will be
8471.70.4035, Harmonized Tariff Schedule of the United States (HTS), which
provides for other magnetic disk drive 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