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NY 894632




February 22, 1994

CLA-2-84:S:N:N1:110 894632

CATEGORY: CLASSIFICATION

TARIFF NO.: 8472.90.8000

Mr. Dave Walser
Arthur J. Humphreys Div.
Border Brokerage Co., Inc.
P.O. Box 249
Sumas, Washington 98295

RE: The tariff classification of a floppy disk punch from Canada.

Dear Mr. Walser:

In your letter dated February 8, 1994, on behalf of Data One Marketing Corp., 1994, you requested a tariff classification ruling.

The merchandise under consideration involves a 3.5 inch floppy disk punch which is known as the Disk Wizard. This steel metal disk punch measures approximately 4 3/4 inches long by 4 1/2 inches in width, and incorporates a steel punch for formatting 720K diskettes to 1.44 meg size for use with IBM and Macintosh computers. The disks that the Disk Wizard creates must be compatible with a MS-DOS compatible computer or a Macintosh Computer with 1.44 meg 3.5 inch disk drive, and the disks must be 720K 3.5 inch double sided, double density disks.

This Disk Wizard floppy disk punch is a machine which is generally used in an "office" setting for formatting 3.5 disks. These disks are actually another form of a "document" as noted in the Explanatory Notes pertaining to 8472 HTS. The Disk Wizard incorporates a base for placing it on a table or desk, and appears to meet the definition of an "office machine".

The applicable subheading for the Disk Wizard floppy disk punch will be 8472.90.8000, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for other office machines. The general 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.

Sincerely,

Jean F. Maguire
Area Director

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