CLA-2-84:OT:RR:NC:1:120

Mr. David Fong
SK Hynix America Incorporated
3101 North First Street
San Jose, CA 95134

RE: The tariff classification of NAND flash memory hard disk drives from South Korea

Dear Mr. Fong:

In your letter dated January 9, 2013 you requested a tariff classification ruling.

The merchandise under consideration includes NAND flash memory hard disk drives (HDD) of 32 GB, 64 GB, 128 GB and 256 GB density, which combines the features of either a SATA 2.5” or mSATA solid state drive (SSD) and a large HDD in the same unit.

The SSD is data storage that uses integrated circuit assemblies as memory to store data. It uses NAND-based flash memory, which retains data without power.

The NAND flash memory hard disk drives perform random read/write input and output operations. These memory hard drives are incorporated in automatic data processing systems (ADP’s) including servers, laptops, desk tops, and tablets.

The applicable subheading for the NAND flash memory Hard Disk Drives will be 8471.70.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Automatic data processing units thereof; Other storage units: Not assembled in cabinets for placing on a table, desk, wall, floor or similar place. 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 Denise Faingar at (646) 733-3010.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division