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NY J83042




April 9, 2003

CLA-2-94:RR:NC:SP:233 J83042

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.20.0020

Mr. Douglas P. Beebe
Affiliated Customs Brokers USA, Inc.
193 West Service Road
Champlain, NY 12919

RE: The tariff classification of Dinec Personalization Center from Canada.

Dear Mr. Beebe:

In your letter dated April 2, 2003, you requested a tariff classification ruling.

The merchandise to be imported consists of Dinec Personalization Centers (DPC). The DPC is a “sales tool” or visual aid to help a store to better demonstrate to their consumers the different choices of dining room furniture available. The DPC is made of stainless steel and lexan and is available with or without a touch screen computer, which virtually shows the consumer’s choices and the results of their choices. All DPCs have 16 small 3” x 3” wood samples, 9 different table legs, and 5 different chair legs to demonstrate the styles available. Also included are 6 different decorative hardware pieces available for buffets and hutches, as well as 4 different wood profiles, to demonstrate the 4 edges available for a tabletop. Model 1-D 36S contains a touch screen computer and Model 1-D36O does not.

The applicable subheading for Model 1-D 36O DPC without touch screen computer will be 9403.20.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other furniture and parts thereof: Other metal furniture, Other: Counters, lockers, racks, display cases, shelves, partitions and similar fixtures.” The rate of duty will be free.

With regard to the 1-D 36S with touch screen computer, we will need the following additional information in order to issue a binding ruling:

What type of computer and operating system is used? Is it a proprietary system or special purpose computer operating on fixed programs? Is there a drive or other method for adding additional programs? Are there any hardware or software blocks that prevent this device from being programmed or reprogrammed by the user? If this device is programmable by the user, what language and tools are necessary or used for programming? Provide a step by step explanation as to how a user would program this device. Can the device run commercially available programs? Please identify any restrictions or limitations on the types or programs.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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