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NY A82184




April 8, 1996

CLA-2-MA:RR:NC:MA:110 A82184

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.1000; 8517.50.1000; 8524.31.0030; 8524.91.0030

Mr. Tom Young
Port Brokers Inc.
11099 South La Cienega Blvd, Suite 280
Los Angeles, CA 90045

RE: The tariff classification of LAN adapter cards and a modem card from Malaysia.

Dear Mr. Young:

In your letter dated March 28, 1996, on behalf of Xircom Inc., you requested a tariff classification ruling.

The merchandise under consideration involves four different PCMCIA LAN adapter credit cards, and one modem credit card which will function as accessories for notebook/laptop computers. All of the models are accompanied by software discs, a cable, and a user's manual in a "kit" configuration, and will be marketed as a retail set. These models consist of the following units:

1 - PS-CE2-10BT Credit Card Ethernet Adapter Card 2 - PS-CT2-16CTP Credit Card Token Ring Adapter Unit 3 - PS-CEM-28BT Credit Card Ethernet-Modem Card 4 - CEM2-10BT Credit Card Ethernet-Modem II 5 - Credit Card Modem 28.8

The PS-CE2-10BT Card and the PS-CT2-16CTP Card are primarily utilized for connection to ethernet and token Ring networks, and they provide control and adaption functions within an automatic data processing (ADP) machine network. The model PS-CEM-28BT Credit Card Ethernet-Modem Card, and the model CEM2-10BT Credit Card Ethernet-Modem II are utilized to provide ethernet connections, and they perform both control-adapter and modem capability. These two cards function as composite articles, and appear to have the "essential character" of an ADP control-adapter unit. The Credit Card Modem 28.8 is principally utilized to provide modem capability within a LAN ADP machine network.

These LAN adapter cards kits which include a cable, a user's manual, and software discs, will be sold and marketed as a retail set. The "essential character" of this retail set or "kit" as per GRI-3(b) is exemplified by the ADP computer credit card component of the kit. The software discs detect the notebook computer set-up and configures the adapter automatically. These software discs are separately classified as per Legal Note 6 of Chapter 85, HTS.

The applicable subheading for the PCMCIA LAN adapter credit card kits will be 8471.80.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other control or adapter units for use with automatic data processing machines. The rate of duty will be free

The applicable subheading for the modem credit card will be 8517.50.1000, HTS, which provides for modems of a kind used with data processing machines of heading 8471. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the software discs, if in laser disc form, will be 8524.31.0030, HTS, which provides for prepackaged software for automatic data processing machines, of a kind sold at retail. The rate of duty will be 5.8 cents per square meter of recording surface.

The applicable subheading for the software discs, if in floppy disc form, will be 8524.91.0030, HTS, which provides for prepackaged software for automatic data processing machines, of a kind sold at retail. The rate of duty will be 5.8 cents per square meter of recording surface.

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.

Sincerely,

Roger J. Silvestri
Director

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