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NY C84922

February 27, 1998

CLA-2-84:RR:NC:1:110 C84922


TARIFF NO.: 8471.60.9090; 8524.91.0030

Ms. Arlien Casillas
Memtek Products, Inc.
10100 Pioneer Blvd., Suite 110
Santa Fe springs, Ca. 90670

RE: The tariff classification of an input device from Taiwan.

Dear Ms. Casillas:

In your letter dated February 23, 1998, you requested a tariff classification ruling.

The merchandise under consideration is an input device which is known as the "Memorex CardMate". The CardMate is an external drive unit, which functions as an input device for a personal computer. It reads the data on a flash card and displays the pictures on a computer monitor. A flash card is used in place of film on a digital camera. The Memorex CardMate supports the "Windows 95" operating system. This device can be connected to a desktop or notebook PC through a printer port. The CardMate facilitates digital photo transfer, and functions as a powerful reader/writer for the digital camera market.

The Memorex CardMate measures approximately 4.7 inches in length by 3.3 inches in width, and has a depth of 0.9 inches. This product has an external drive unit with a printer port cable. It also includes both an AT and PS/2 style keyboard power cord, a 3.5 inch diskette, and a user's guide. The CardMate is imported in a "kit" configuration, and will be sold and marketed as a retail set.

The Memorex CardMate which includes the external drive unit with printer port cable, the keyboard power cord, the software diskette, and user's manual would meet the definition of a "retail set" as noted in GRI-3(b). The "essential character" of this retail set is exemplified by the external drive unit, which is basically an automatic data processing machine input unit. The software diskette is separately classified as per Legal Note 6 of Chapter 85, HTS.

The applicable subheading for the "Memorex CardMate" input device, which is sold and marketed as a retail set, will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other input or output units of automatic data processing machines and units thereof. The rate of duty will be free.

The applicable subheading for the software diskette will be 8424.91.0030, HTS, which provides for prepackaged software for automatic data processing machines, of a kind sold at retail. The rate of duty will be 1.3 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.


Robert B. Swierupski

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