CLA-2 CO:R:C:G 086608 MBR

Mr. Makoto Shiohara
Epson America, Inc.
23530 Hawthorne Boulevard
P.O. Box 2842
Torrance, California 90505

RE: 1 megabyte SRAM (static random access memory) "memory module" principally for memory storage in automatic data processing machines

Dear Mr. Shiohara:

This is in reply to your letter of February 1, 1990, requesting classification of a 1 megabyte SRAM (static random access memory) module (hereafter "memory module"), under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The memory module is principally used for memory storage in automatic data processing machines ("ADP" machines). The memory module consists of both active components (one CMOS decoder and four - 256K CMOS SRAM die form chips) and passive components (two capacitors), which are mounted on a "lead frame." The lead frame is neither a substrate nor a printed circuit board (PCB), although, it is similar to a substrate. No thick or thin film processes are utilized. All components are permanently mounted and cannot be removed without destroying the memory module. The memory module is not housed in a cabinet and has no base for mounting.

ISSUE:

What is the classification of a 1 megabyte static random access memory module which is principally used with ADP machines, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

The memory module contains approximately 1 megabyte of static random access memory. This is a significant amount of memory. You have represented that the memory module will principally be used with ADP machines, and that memory modules of the same class or kind are presently principally used, in the United States, as storage units for ADP machines. We concur since we are not aware of many applications, other than ADP, which require this amount of static random access memory.

Rule 1.(a), of the Additional U.S. Rules of Interpretation, states:

a tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of the goods of that class or kind to which the imported goods belong, and the controlling use is the principal use.

It is Customs position that the 1 megabyte static random access memory modules are principally used as ADP storage units, in the United States, as of this date.

Therefore, the 1 megabyte memory module is classifiable under 8471.93.50, HTSUSA, which provides for: "[a]utomatic data processing machines and units thereof...: [o]ther: [s]torage units, whether or not entered with the rest of a system: [o]ther storage units: [n]ot assembled in cabinets for placing on a table, desk, wall, floor or similar place."

HOLDING:

The 1 megabyte SRAM (static random access memory) "memory module" is classifiable under 8471.93.50, HTSUSA, which provides for: "[a]utomatic data processing machines and units thereof...: [o]ther: [s]torage units, whether or not entered with the rest of a system: [o]ther storage units: [n]ot assembled in cabinets for

placing on a table, desk, wall, floor or similar place." The rate of duty is Free.

Sincerely,

Stuart P. Seidel
Acting Director
Commercial Rulings Division