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NY C80545

October 17, 1997

CLA-2-84:RR:NC:1:110 C80545


TARIFF NO.: 8471.80.9000; 8524.39.8000

Mr. Dave Craft
Future Tel, Inc.
1092 E. Arques Avenue
Sunnyvale, CA 94086

RE: The tariff classification of a Video Sphinx input/output encoding device from Taiwan.

Dear Mr. Craft:

In your letter dated October 8, 1997, you requested a tariff classification ruling.

The merchandise under consideration involves a Video Sphinx Input/Output encoding device that is designed for use with personal computers. This encoding hardware device is used to capture, compress, edit, manage and maximize the use of full-motion video and high resolution still frames from any video source.

This encoding system, when imported, will consist of the following components: pocket-sized parallel port adapter device; CD-ROM disc; 2 RCA cables; 2 mini-jack to stereo audio cables; 1 S-video cable; power supply and cable; Quickstart/Registration card; and retail box. The port adapter device, with video and audio-input and pass-through capabilities, is a plug and play device that connects to the computers parallel port. This system is compatible with any 100 MHZ Pentium PC, whether desktop or portable. The pocket-size adapter device is approximately 6.5 inches in length, and three inches in width. The CD-ROM disc included in this kit, has sound and image capability, since it essentially allows you to view a movie on the PC.

The Video Sphinx encoding system will be shipped in a kit format, in one retail box, that will be ready for sale to the public. Noting GRI 3-(b) to the HTS, this kit would meet the definition of goods put up in sets for retail sale. Based on the use, value, and composition of the goods in the set, the essential character of this set would be exemplified by the hardware adapter device. The hardware adapter device would meet the definition of a "unit" of an ADP system as per Legal Note 5 (B) to Chapter 84 of the HTS. It is comparable to a signal converting device. The CD-ROM disc would however be separately classified, noting Legal Note 6 to Chapter 85 of the HTS.

The applicable subheading for the Video Sphinx encoding system will be 8471.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other units of automatic data processing machines. The rate of duty will be free.

The applicable subheading for the CD-ROM disc will be 8524.39.8000, HTS, which provides for other discs for laser reading systems. The rate of duty will be 3.7 percent ad valorem.

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.


Robert B. Swierupski

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