CLA-2-84:OT:RR:NC:N1:120
Ms. Gloria J. Braunschweig
Computeration
15350 SW Sequoia Pkwy
Suite 198
Portland, OR 97224
RE: The tariff classification and country of origin marking of a Dell EqualLogic PS5000E SAN Disk Array and Cisco Catalyst 3750 Series Switches from Canada
Dear Ms. Braunschweig:
This is in response to your letter dated August 10, 2011, requesting a ruling concerning the classification and country of origin marking requirements applicable to computer network hosting equipment transported into the USA from Canada by its end user and current owner of the merchandise. A marked sample was not submitted with your letter for review.
The computer network hosting equipment under consideration for classification and country of origin marking purposes includes one Dell EqualLogic PS5000E SAN disk array and two Cisco Catalyst 3750 Series switches.
The disk array is a storage server imported with a disk control unit and up to eight or sixteen preinstalled SATA II hard disk drives. It features automatic 5, 10, and 50 RAID support. And, it is housed in a cabinet that measures 5.12 inches high by 19 inches wide by 21.7 inches deep and weighs 77.6 pounds.
The Cisco switches use a stacking architecture optimized for Gigabit Ethernet, specifically a 32-Gbps stack interconnect that allows customers to build a switching system, one switch at a time. The stack acts as a single switching unit that is managed by a master switch in order to create and update all the switching and optional routing tables without service interruption. The devices route information packets on a hard-wired network.
The computer network hosting equipment was used by a client in a hosting center in Burnaby, British Columbia, Canada over a wide area network. The old network has been replaced by a new network at a hosting center located in Hillsboro, Oregon, U.S. The merchandise is transported for continued use on its new network and will not be used for resale. As stated in your request, you are unable to locate any country of origin information or labels on the equipment.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.32(f), Customs Regulations (19 CFR 134.32(f)), articles imported for use by the importer and not intended for sale in their imported or any other form are excepted from country of origin marking requirements.
The applicable subheading for Dell EqualLogic PS5000E SAN hard disk drive array imported from Canada will be 8471.70.4065, Harmonized Tariff Schedule of the United States (HTS), which provides for "Automatic data processing machines and units thereof…Storage units: Magnetic disk drive units: Other: Other: Hard magnetic disk drive units." The general rate of duty will be free.
The applicable subheading for the Cisco Catalyst 3750 Series switches imported from Canada will be 8517.62.0050, which provides for "Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other." The general rate of duty will be free.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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