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NY H88730





February 21, 2002

CLA-2-85:RR:NC:1:108 H88730

CATEGORY: CLASSIFICATION

TARIFF NO.: 8524.39.4000

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road
Suite 400
Eden Prairie, MN

RE: The tariff classification of CD-ROM software from China.

Dear Mr. Anderson:

In your letter dated February 18, 2002, on behalf of American Online, you requested a tariff classification ruling.

The item in question is a CD-ROM software program entitled AOL version 6.0 (1000 free hours). It is packaged in a fitted CD case. The program is designed to be used on an ADP machine and read by a laser reading system. The program has the characteristics of instruction, data, sound, image and interactivity by the user.

The applicable subheading for the CD-ROM software program will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: Discs for laser reading systems: Other: For reproducing representations of instructions, data, sound, and image, recorded in a binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. The rate of duty will be free. It should be noted that this office considers the CD-ROM case to be specially fitted for the software program disc and would classify it in accordance with GRI 5(a).

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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