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NY D81850

September 3, 1998

CLA-2-84:RR:NC:1:110 D81850


TARIFF NO.: 8471.80.1000; 8524.39.8000

Mr. Carl D. Cammarata
George R. Tuttle, Law Offices
3 Embarcadero Center, Suite 1160
San Francisco, CA 94111

RE: The tariff classification of CD-ROM disks containing software, and a connector/controller security key from Great Britain and Thailand.

Dear Mr. Cammarata:

In your letter dated August 27, 1998, on behalf of Telecom Solutions, you requested a tariff classification ruling.

The merchandise under consideration involves computer software on a master CD-ROM disk, and a connector/controller security key. The computer software interfaces with the companies telecommunications network hardware, and the ADP connector/controller security key is designed to be inserted into a computer's printer socket to control the use of the software.

The CD-ROM software is imported on a master CD-ROM disk and is in the format of typical business type ADP machine software that displays data and instructions with no sound. It does include graphs, charts, maps, and text, which in our opinion would include image capability. It does not include sound, as it does not contain voice or music.

The connector/controller security key is placed in the printer port on the computer and connects the computer to the printer. The keys contain 128 bytes of read/write memory organized as 64 16 bit words. They have the appearance of a traditional connector plug to connect a computer to a printer, but also incorporates 14 field-activated algorithms, memory, and ASIC technology. The key is transparent to and compatible with Windows, Windows NT, Windows 95, DOS, and OS/2. Noting Legal Note 5 (B) to Chapter 84 of the HTS, these security keys would appear to meet the definition of a "unit" of an ADP system.

The applicable subheading for the CD-ROM disks will be 8524.39.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other discs for laser reading systems. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the connector/controller security key will be 8471.80.1000, HTS, which provides for control or adapter units. The rate of duty will be free.

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 or Michael Contino at 212-466-5672.


Robert B. Swierupski

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