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NY 888875

August 4, 1993

CLA-2-84:S:N:N1:110 888875


TARIFF NO.: 8472.90.8000

Mr. Steve De Castro
All-Ways Forwarding Int'l Inc.
Hemisphere Center
U.S. Route 1-9 South
Newark, N.J. 07114

RE: The tariff classification of Electronic Rolodex File from China

Dear Mr. De Castro:

In your letter dated July 28, 1993, on behalf of Rolodex Corporation, you requested a tariff classification ruling.

The merchandise under consideration involves a model EL-48KSP Electronic Rolodex File that is designed to function as a desk- top organizer with the added feature of performing spell check functions. This electronic storage and retrieval device incorporates a three line LCD display, keyboard, four AA alkaline batteries, and a base for placing it on a table or desk.

This programmable desk-top card file and organizer stores, maintains, and retrieves information. Its 48K memory can store up to 500 individual names, phone numbers, addresses and miscellaneous information. It features a Contacts File, Notes File, Spell Check, Full-function Calculator, Alarm Clock, and Auto-dial. This electronic storage and retrieval device is approximately 8 inches in length, 4 inches in height, and 6.25 inches in depth. This model is also equipped with a built-in infrared transfer system that allows the user to transfer files from the Contacts File directory in one unit to another one.

Noting GRI-3 (b), an article consisting of different components which cannot be classified by reference to 3 (a), shall be classified as if they consisted of the component which gives them their "essential character". In this instance, the "essential character" of this electronic filing device is imparted by its storage and retrieval function of previously stored and filed information, such as addresses, phone numbers, messages, notes, and other information. You state in your letter that an instructional tape is imported and packaged with this electronic device. The sample submitted did not include an instructional tape. Noting Legal Note 6 to Chapter 85 of HTS, the instructional tape would be separately classified, whether packaged with the electronic filer or shipped separately.

The applicable subheading for the Electronic Rolodex File will be 8472.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other office machines. The rate of duty will be 3.7 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.


Jean F. Maguire
Area Director

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