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NY 882684



February 16, 1993

CLA-2-84:S:N:N1:110 882684

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.93.6000; 8523.90.0000

Mr. Machiko Celli
Nippon Express U.S.A., Inc.
377 Swif Avenue
South San Francisco, Ca. 94080-6208

RE: The tariff classification of a rewritable optical drive, and magneto-optic disk cartridges from Japan.

Dear Mr. Celli:

In your letter dated February 4, 1993, on behalf of Mitsubishi Kasei America, Inc., you requested a tariff classification ruling.

The merchandise under consideration involves a rewritable optical drive, and magneto-optic disk cartridges. Model number SCSI 3.5-inch rewritable optical drive MK-128E has a width of 3 3/4-inches by 6 1/4-inches, and a height of 10-inches. This drive unit is a free standing type storage unit which is designed for use with ADP machines. It has a SCSI interface, and is designed for use with a personal computer. This unit has the capacity to store 127-million bytes of data, on one 3.5-inch optical disk cartridge, which then can be carried by hand in a single disk cartridge.

The magneto-optic disk cartridges, (model numbers MKR3HI, and VB3H), are unrecorded magneto-optic disks which have a formatted storage capacity of 127-million bytes. Noting Legal Note 6 to Chapter 85, HTS, records, tapes and other media of heading 8523 or 8524 remain classified in those headings, whether or not they are entered with the apparatus for which they are intended.

The applicable subheading for the model number SCSI 3.5- inch rewritable optical drive MK-128E will be 8471.93.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other storage units, whether or not entered with the rest of a system. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the magneto-optic disk cartridges, (model numbers MKR3HI, and VB3H), will be 8523.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other prepared unrecorded media. The rate of duty will be 4.2 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

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