CLA-2-84:S:N:N1:103 884182

Mr. David M. Blake
Tower Group International, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of a computer program vending machine from Canada.

Dear Mr. Blake:

In your letter dated March 22, 1993 on behalf of Gregal Holdings Inc. you requested a tariff classification ruling.

You submitted literature describing the Robosoft, a fully automated, coin (bill) operated software vending machine which will be installed in video rental and computer stores. Robosoft copies entertainment, educational, or other personal computer programs onto computer diskettes, thus allowing programs to be purchased indirectly from software developers. An individual places a diskette into the machine and selects the desired program. After inserting the proper amount of money, which ranges from two to six dollars depending on the selected program, the program is copied onto the diskette.

The applicable subheading for the Robosoft vending machine will be 8476.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other automatic goods-vending machines. The duty rate will be 3.9 percent ad valorem.

Goods classifiable under subheading 8476.19.0000, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport