CLA-2-84:RR:NC:1:110 D81850
Mr. Carl D. Cammarata
George R. Tuttle, Law Offices
3 Embarcadero Center, Suite 1160
San Francisco, CA 94111
RE: The tariff classification of CD-ROM disks containing
software, and a connector/controller security key from Great
Britain and Thailand.
Dear Mr. Cammarata:
In your letter dated August 27, 1998, on behalf of Telecom
Solutions, you requested a tariff classification ruling.
The merchandise under consideration involves computer
software on a master CD-ROM disk, and a connector/controller
security key. The computer software interfaces with the
companies telecommunications network hardware, and the ADP
connector/controller security key is designed to be inserted into
a computer's printer socket to control the use of the software.
The CD-ROM software is imported on a master CD-ROM disk and
is in the format of typical business type ADP machine software
that displays data and instructions with no sound. It does
include graphs, charts, maps, and text, which in our opinion
would include image capability. It does not include sound, as it
does not contain voice or music.
The connector/controller security key is placed in the
printer port on the computer and connects the computer to the
printer. The keys contain 128 bytes of read/write memory
organized as 64 16 bit words. They have the appearance of a
traditional connector plug to connect a computer to a printer,
but also incorporates 14 field-activated algorithms, memory, and
ASIC technology. The key is transparent to and compatible with
Windows, Windows NT, Windows 95, DOS, and OS/2. Noting Legal
Note 5 (B) to Chapter 84 of the HTS, these security keys would
appear to meet the definition of a "unit" of an ADP system.
The applicable subheading for the CD-ROM disks will be
8524.39.8000, Harmonized Tariff Schedule of the United States
(HTS), which provides for other discs for laser reading systems.
The rate of duty will be 3.2 percent ad valorem.
The applicable subheading for the connector/controller
security key will be 8471.80.1000, HTS, which provides for
control or adapter units. 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 or Michael Contino at 212-466-5672.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division