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NY J80590

February 25, 2003

CLA-2-85:RR:NC:1:112 J80590


TARIFF NO.: 8543.89.9695

Mr. Jim McNamara
Maquilogistics, Inc.
6620 S. 33rd Street, Bldg. J
McAllen, TX 78503

RE: The tariff classification of stacked DRAM’s. The country of origin is not stated.

Dear Mr. McNamara:

In your letter dated January 6, 2003, on behalf of Staktek, you requested a tariff classification ruling.

As indicated by the submitted samples and information, the stacked DRAM’s consist of a combination of individual DRAM’s and flex circuits that are layered between each DRAM.

You suggest that this product is classifiable under subheading 8473.30, HTS, which provides for parts of ADP machines. There is no evidence provided to substantiate that these stacked DRAM’s are solely or principally used with ADP machines or systems. It has been previously determined that memory chips placed one upon the other are used in a variety of host devices. As such, they would be precluded from classification under subheading 8473.30, HTS.

The applicable subheading for the stacked DRAM’s will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, , not specified or included elsewhere in Chapter 85, HTS. The general rate of duty will be 2.6 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 David Curran at 646-733-3017.


Robert B. Swierupski

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