CLA-2-84:OT:RR:NC:1:120

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of two flash memory media reader/writer storage devices from China.

Dear Mr. Crago:

In your letter dated August 5, 2008, you requested a tariff classification ruling.

Under consideration are two models of flash memory media reader/writers, namely the CD188 multicard reader/writer, item number A015CA00460, and the CD269 multicard reader/writer, item number A015CA00464. Samples of both items were submitted with the ruling request and will be returned to you.

Both the CD188 and the CD269 consist of plastic housings measuring approximately 2.5 inches long by .75 inches long by .5 inches high, and are designed to be inserted into the USB (universal serial bus) port of an automatic data processing (ADP) machine, such as a personal computer, by means of an integrated USB connector. The CD188 features 3 Flash card slots that support 20 different removable card formats, including SD (Secure Digital), MMC (MultiMediaCard), and T-Flash (TransFlash), while the CD269 features 4 slots and is compatible with 19 formats, including MS (Memory Stick), Micro SD (Micro Secure Digital), and M2 (Memory Stick Micro). The CD188 and CD269 do not contain their own memory, but simply serve as drive units to read and write data to and from flash memory media.

The CD188 and CD 269 are storage units in the form of drives for media that meet the requirements of a unit of an ADP machine as specified in Note 5(C) of Chapter 84, Harmonized Tariff Schedule of the United States (HTSUS). They are connectable to the central processing unit (CPU) of an ADP machine through their USB connections, and are able to accept or deliver data in a form (codes or signals) which can be used by the system.

The applicable subheading for the CD188 multicard reader/writer, item number A015CA00460, and the CD269 multicard reader/writer, item number A015CA00464, will be 8471.70.9000, HTSUS, which provides for “Automatic data processing machines and units thereof…: Storage units: Other storage units: Other.” 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.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division