Mr. Craig J. Pinkerton
350 South Grand Ave, 46th Floor
Los Angeles, CA 90071
RE: The tariff classification of a solid-state non-volatile storage device from France.
Dear Mr. Pinkerton:
In your letter dated April 25, 2007, on behalf of International Lease Finance Corporation, you requested a tariff classification ruling.
The item in question is referred to as an “Aircraft Personality Module” (APM). The information provided indicates that this item is a solid-state non-volatile data storage device, within the same housing, it is comprised of one or more flash memories in the form of integrated circuits mounted on a printed circuit board, and incorporates a connecting socket to a host appliance. This media storage device contains Serial E2 programmable memory. The principle function of the APM is to provide a means of permanently storing airplane-unique parameters. Initially, the desired aircraft configuration information is recorded onto this device and after the initial programming, the APM will usually not require any further recorded data; however, this device is capable of having more information recorded onto it if needed. The data that is stored in the APM will vary depending on the specific system to which it is connected. At a minimum, this solid-state non-volatile storage device is recorded with the aircraft registration number, aircraft type, and the International Civil Aviation Organization (“ICAO”) address. This semiconductor media device is powered by the device to which it is connected to, thereby not requiring batteries.
The applicable subheading for the APM, semiconductor storage device, will be 8523.51.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Discs, tapes, solid-state non-volatile storage devices, “smart cards” and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Charter 37: Semiconductor media: Solid-state non-volatile storage devices. 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 Lisa Cariello at 646-733-3014.
Robert B. Swierupski