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NY F86634




May 25, 2000

CLA-2-84:RR:NC:MM:110 F86634

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.80.9000

Ms. Wendy Cleveland
Manager, US Import Operations
Compaq Computer Corporation
P.O. Box 692000
Houston, TX 77269-2000

RE: The tariff classification of the "Thin Client" a window based terminal from Taiwan.

Dear Ms. Cleveland:

In your letter dated April 27, 2000, on behalf of Compaq Computer Corporation, you requested a tariff classification ruling.

The merchandise under consideration is referred to as a "thin client terminal." This unit is described as a desktop device and will be imported with a mouse and keyboard, which connects over a network to a central Windows NT server. You identify the Thin Client terminal as an ADP interface device, which utilizes a secondary server for application and data storage. This terminal acts solely as "windows" to the server where users' applications and data reside. All applications are run from a single server. The processing of data is done on the main file server. The unit is not capable of conducting any type of processing application by itself.

This unit does not meet Chapter 84, Note 5(A)(a) which states, "For the purposes of heading No. 84.71, the expression "automatic data processing machines" means: (a) Digital machines, capable of (1) storing the processing program or programs and at least the data immediately necessary for the execution of the program; (2) being freely programmed..."

The applicable subheading for the "Thin Client" will be 8471.80.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included: Other units of automatic data processing machines: Other: Other." 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 Eileen S. Kaplan at 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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