The tariff classification of a MTU515 storage unit from Japan.

NY 811365 June 20, 1995 CLA-2-84:S:N:N1:110 811365 CATEGORY: Classification TARIFF NO.: 8471.93.6000; 8473.30.5000 Mr. Kenneth G. Weigel Kirkland & Ellis 685 Fifteenth Street, N.W. Washington, D.C. 20005 RE: The tariff classification of a MTU515 storage unit from Japan. Dear Mr. Weigel: In your letter dated June 7, 1995, on behalf of Hitachi Computer Products (America), Inc., you requested a tariff classification ruling. The merchandise under consideration involves a model MTU515 magnetic tape unit that is a part of a magnetic tape subsystem (MT500). This MTU515 tape unit is a slightly modified version of the model MTU505 magnetic storage tape unit, which was the subject of NY Ruling Letter 881185. The MT500 subsystem uses the MTC510 control unit regardless of which MTU is used. The MTU505 and the MTU515 both contain 4 tape drives. The main difference between the MTU505 and the MTU515 is the automatic cartridge library (ACL) which is mounted into the MTU515. While the MTU505 uses a magazine to change/reload the tape cartridges, the MTU515 uses a hopper stacker. Vertical movement in the MTU515's hopper stacker is by helical spring and the feed function is by a belt drive. In the MTU515, six tapes are placed in the hopper/stacker, and replacement of each tape into and from the unit is performed manually. The ACL places and removes specific cartridges in the tape drive and stores the tapes. The ACL is not a separate article, but a part of and is mounted into the MTU515. Therefore by itself, it does not move anything. The ACL is specifically designed for use only in the MTU515. It receives signals from other MTU subassemblies that enable it to function, and is not capable of functioning independently. The MTU515 storage unit will be imported in its first stage as a complete and assembled unit. In stage two, the shipments will be imported in the "L" and "M" groups. The "L" group parts consist of the cover attachment assembly for the MTU's frame; the drive frame for the tape drives, and the ACL which mounts and dismounts the cartridge tapes. The "M" group parts will consist of the head guide assembly. This assembly consists of the tape head and other component parts. In stage three, the shipments will consist of the "L" parts cover attachment assembly and the drive frame. Stage three shipments will also include the "M" parts head guide assembly. The applicable subheading for complete and finished MTU515 in stage one will be 8471.93.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other storage units, whether or not entered with the rest of the system. The rate of duty will be 3 percent ad valorem. The applicable subheading for the "L" and "M" components and assemblies under stage two and stage three that are not more specifically provided for under Legal Note 2(a) to Section 16 of the HTS, will be 8473.30.5000, Harmonized Tariff Schedule of United States (HTS), which provides for parts and accessories of the machines of heading 8471 not incorporating a cathode ray tube. The rate of duty will be free. The applicable subheading for the automatic cartridge library (ACL), and the "S" parts for the ACL that are not more specifically provided for under Legal Note 2(a) to Section 16 of the HTS, will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of the machines of heading 8471 not incorporating a cathode ray tube. The rate of duty will be free. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport