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NY C81235

November 25, 1997

CLA-2-85:RR:NC:MM:109 C81235


TARIFF NO.: 8517.50.1000; 8524.91.0030

Ms. Leslie Tsuboi
SST International
10415 S. La Cienega Blvd.
P.O. Box #45055
Los Angeles, CA 90045

RE: The tariff classification of an Internal Modem Kit from Taiwan

Dear Ms. Tsoboi:

In your letter dated October 17, 1997, you requested a tariff classification ruling on behalf of Accord Telecommunications, Inc.

The merchandise is described in your letter as an internal modem kit. The kit consists of the modem (part #100-02022-0), instillation and communication software, a modular telephone cable and a User's Manual, packaged together upon importation. The kit contains three 3.5" magnetic diskettes (two bit ware and one modem utility).

The kit is classified pursant to GRI 3(b) as a set. The essential character of this set is provided by the modem. However, under Chapter 85 Note 6, the software remains classified in Heading 8524.

The applicable subheading for the kit will be 8517.50.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Modems, of a kind used with data processing machines of heading 8471". The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the software diskettes will be 8524.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Records, tapes and other recorded media for sound or other similarly recorded phenomena... Other: Prepackaged software for automatic data processing machines, of a kind sold at retail". The rate of duty will be 2.6 cents/m2 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 Eileen Kaplan at 212-466-5673.


Robert B. Swierupski

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