The tariff classification of an electronically transmitted computer file, from Mongolia.

NY 881983 February 3, 1993 CLA-2-49:S:N8:234 881983 CATEGORY: Classification TARIFF NO.: None Mr. Harold L. Christensen 1932 South Walts Avenue Sioux Falls, South Dakota 57105-2736 RE: The tariff classification of an electronically transmitted computer file, from Mongolia. Dear Mr. Christensen: In your letter dated January 15, 1993, you requested a tariff classification ruling. You describe a transaction as follows: The Mongol Messenger is a weekly, English language newspaper published by Montsame in Ulaanbaatar, Mongolia. Regular mail subscriptions to the United States takes about 21 days. This business venture would have The Mongol Messenger sent by computer, (electronically), as a computer (PageMaker) file, from Ulaanbaatar, Mongolia, to a computer in Sioux Falls, South Dakota. From the local computer, I will print the files thus reconstructing the newspaper. The paper will be printed at a local printer and mailed to subscribers in America at the United States Post Office. The Customs Service has held (CLA 2:CO:R:CV:G, 066447 JCH, Feb. 10, 1981) that it does not have a legitimate interest or responsibility to tap as sources of revenue or statistics, electromagnetic transmission and reception of data across international borders. This position has been codified in General Note 4, Harmonized Tariff Schedules of the United States, (1993), which reads in pertinent part, "...telecommunications transmissions...are not goods subject to the provisions of the tariff schedule."  Accordingly, you may proceed with the described transaction without reference to any Customs regulation or requirement. Sincerely, Jean F. Maguire Area Director New York Seaport