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NY N008140

March 26, 2007

CLA-2-84:RR:E:NC:1:120 N008140


TARIFF NO.: 8471.70.4065

Mr. Stanley Ulecki
Belgian Enterprises, Inc.
1527 University Blvd. West
Jacksonville, Florida 32217

RE: The tariff classification of SpinPoint M80 Series Hard Drive from Hong Kong

Dear Mr. Ulecki:

In your letter dated March 11, 2007 you requested a tariff classification ruling.

The merchandise under consideration is a SpinPoint M80 Series, HM160JC 160 GB hard disk drive (HDD), which is designed to fit in various consumer digital-electronic devices, such as an automatic data processing (ADP) machine or a personal media player. It measures 3.94 inches x 2.75 inches x .37 inches and weighs .22 pounds. The HDD is encased in a compact, hard metallic housing, which enables the digital storage of 160 Gigabytes (GB) of data with a memory buffer of 8 megabytes (MB).

The HDD is based on Perpendicular Magnetic Recording (PMR) technology. Unlike traditional longitudinal recording technology, which lays data bits end to end where they can flip and corrupt data on the disc, PMR technology places the data bits perpendicular to the disc, which reduces the corruption factor. In addition, by placing the data bits standing on end, more data can fit onto a disc, allowing for greater storage capacity. With PMG technology, users can fit up to 40,000 MP3 songs and 160 hours of video on a 160GB Drive.

This unit meets Chapter 84, Note 5 (C ) with regard to disk storage units.

The applicable subheading for the SpinPoint M80 Series Hard Disk Drive will be 8471.70.4065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Automatic Data Processing machines and units thereof: magnetic or optical readersStorage units: Magnetic disk drive units: Other (than for a disk of a diameter exceeding 21 cm): Not assembled in cabinets, and without attached external power supply: Hard magnetic disk drive units. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Denise Faingar at 646-733-3010.


Robert B. Swierupski

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