CLA-2-90:S:N:N1:104 871905

Mr. Scott A. Cohn
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, NY 10017

RE: The tariff classification of floppy disk test equipment from Japan.

Dear Mr. Cohn:

In your letter dated February 25, 1992 on behalf of Kao Infosystems Company of Plymouth, Massachusetts, you requested a tariff classification ruling. The Certifier, Model Nos. ZL-301 and ZL-401, tests the electromagnetic conversion characteristics of 3 1/2 inch floppy disks. The unit rotates each individual diskette into a computer drive, writes a signal onto each disk, reads the signal strength, and erases the signal.

The Image Processor, Model Nos. K-301a and K-401a, is an optical tester used to determine whether the liners inserted in the open shell halves of the flexible diskettes are deviated in any manner (with respect to specified thickness or excess thread). This apparatus includes a video camera and a monitor.

The applicable subheading for the Certifier will be 9030.81.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other instruments and apparatus for measuring or checking electrical quantities: with a recording device. The rate of duty will be 4.9 percent ad valorem.

The applicable subheading for the Image Processor will be 9031.40.0080, HTS, which provides for other optical measuring or checking instruments and appliances. The rate of duty will be 10 percent ad valorem.

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport