CLA-2-84:OT:RR:NC:1:120
Mr. Michael V. Cerny
Cerny Associates, P.C.
Attorneys At Law
24 Smith Street
Building 2, Suite 102
Pawling, NY 12564
RE: The tariff classification of a Disk Array Chassis from China
Dear Mr. Cerny:
In your letter dated June 18, 2009 you requested a tariff classification ruling.
The merchandise under consideration is a disk array chassis, model 3282043-001, specifically designed to house the disk array frame DF800 RKAK, a unit of Hitachi’s DF-800 series array storage subsystem, which uses an enhanced Redundant Array of Independent Disk design that allows for continuous storage, backup and maintenance of the subsystem without having to take the system down.
The disk array chassis is a single cabinet made of sheet metal, and measures approximately 19 inches deep by 25.5 inches wide by 5 inches high. It can hold up to 15 hard disk drives (HDD) (imported separately), and contains a backplane of printed circuit board (PCB) connectors and internal guides for aligning and connecting each HDD. It is equipped with its own switching power supply and cooling fans. There are separate connectors contained in the imported chassis for the power supply and for a controller board that will be attached to the RKAK after importation, to run the unit and the disk drives.
Clearly the disk array chassis, model 3282043-001does not meet Chapter 84, Note 5(C), HTSUS, requirements for an ADP unit. However it is an integral part of the RKAK, which is an ADP unit indirectly connectable to the CPU and able to deliver data in a form which can be used by the system. The RKAK unit connects to a separate disk controller unit (RKM, RKH, or RKS) for indirect communication with the host computer’s CPU, which sends its data source to various disk drives.
The applicable subheading for the disk array chassis, model 3282043-001 will be 8473.30.5100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Parts…suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other." The general 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