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NY I82461

June 7, 2002

CLA-2-84:RR:NC:1:110 I82461


TARIFF NO.: 8471.90.0000; 8524.39.4000; 8536.69.4040; 8543.89.9695; 9030.89.0000

Mr. Luke Sterling
Conitec Datasystems, Inc.
1951 4th Avenue, Suite 301
San Diego, CA 92101

RE: The tariff classification of a microchip programmer, microchip socket adapters, an UV erasing tool, and a programmable EPROM simulator from Germany.

Dear Mr. Sterling:

In your letter dated May 15, 2002, you requested a tariff classification ruling.

The products are described as the Galep-4 programmer, microchip socket adapters in various pin configurations, the UV erasing tool, and the PEPS III programmable EPROM simulator. Samples were submitted of the Galep-4 programmer, adapter 210841 – 40Pin DIL > 44Pin PLCC, the UV erasing tool, and the PEPS III programmable EPROM simulator. Descriptive literature was submitted for all products including the additional adapters.

The Galep-4 is a pocket size universal programmer. It measures 4.52” x 3.15” x 1.3”. This device is designed for reading from and writing to microchip memory devices such as EPROMs, flash memory and microcontrollers. It contains a 40 pin socket on top for connecting microchips during programming. It can also be used for testing, reading, verification or measurement of existing microchips and their data. The Galep-4 will be imported in a box with a CD containing software. After importation, an AC/DC adapter and printer port data cable, which are purchased in the United States, are added to the box. The Galep-4 and the CD software do not qualify as goods put up in sets for retail sale as imported, because they are repackaged with additional items before sale. Therefore, each item is separately classified in its appropriate heading

The microchip socket adapters are designed for plugging directly into the socket on the Galep-4 programmer (two parallel rows of 20 pins per side). On the other end, each socket will have a different “package” configuration, allowing chips to be plugged in which are not configured to fit directly into the Galep-4 socket. The adapters are designed to allow a wider assortment of microchips to be connected to the Galep-4 and programmed. Each adapter is imported separately in its own box. Six adapter have been identified in this request:

210841 – 40Pin DIL > 44Pin PLCC adapter (EPROMs and MCUs) 210842 – 32Pin DIL > 32Pin PLCC adapter (8-Bit EPROMs) 210843 – 28Pin DIL > 32Pin PLCC adapter (8-Bit EPROMs) 210844 – 20Pin DIL > 20Pin PLCC adapter (GALs and PALCEs) 210845 – 24Pin DIL > 28Pin PLCC adapter (GALs and PALCEs) 210846 – 40Pin DIL > 44Pin SOP adapter (for FLASH memory)

The UV erasing tool is a device for erasing data from ultraviolet sensitive erasable microchips (EPROMs). This type of microchip has a window on its case or package. The device has a sliding cover over a bed containing a window. An ultraviolet bulb or lamp is below the window. This device allows memory chips to be blanked or erased and re-utilized. The UV erasing tool will be imported separately in its own box.

The sample PEPS III (Programmable EPROM-Simulator) is, in use, “lodged in the EPROM-socket, takes over the EPROM’s functions and similar to an CPU emulator allows to quickly test the software.” If the main device works as expected with the PEPS plugged into the socket, then the logic supplied by the software that will be used in the operational EPROM’s is not defective. Also, the manual states, "Obviously, the technical specifications are by all means superior to the EPROM to be simulated. The higher transmission rate saves you involuntary breaks. PEPS is programmed in seconds.” It is a plastic box, about 1 by 3 by 4 inches, with a multi-pin female electrical connection at one end and a male one at the other. The PEPS III is similar in basic function to the EVE (Engineering Verification Engine) classified in subheading 9030.89.00, Harmonized Tariff Schedule of the United States (HTS), in HQ 945588.

The PEPS III is imported packaged as a set for retail sale with a manual and DOS software on a floppy disc. The floppy disc must be classified in accordance with Chapter 85, Note 6. From the software section of the manual, the software is needed for the transfer of data to the PEPS III and is directly read by a separate ADP unit running under DOS or under Windows NT if a special driver is first installed. Therefore, one must consider if the configuration of goods constitutes a set in accordance with Explanatory Note X to the Harmonized System General Rule of Interpretation 3. It has been concluded that this configuration of goods does constitute a set and are classified in accordance with GRI 3b. Therefore, in this case, the software disc need not be separately classified.

The applicable subheading for the Galep-4 programmer will be 8471.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “machines for transcribing data onto data media in coded formnot elsewhere specified or includedOther.” The rate of duty will be free.

The applicable subheading for the CD 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 phenomenaOther: For reproducing representations of instructions, data, sound, and image, recorded in a machine readable 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.

The applicable subheading for the specified microchip socket adapters will be 8536.69.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Lamp holders, plugs and sockets: Other: Printed circuit connectors.” The rate of duty will be free.

The applicable subheading for the UV erasing tool will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapterOther machines and apparatus: Other: Other: Other: Other: Other.” The rate of duty will be 2.6 percent ad valorem.

The applicable subheading for the PEPS III programmable EPROM simulator, imported as a set with the manual and floppy disc software, will be 9030.89.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other” instruments and appliances for measuring or checking electrical quantities. The rate of duty will be 1.7 percent ad valorem.

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 646-733-3016.


Robert B. Swierupski

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