The tariff classification of an Electronic Rolodex File fromChina

NY 888876 August 4, 1993 CLA-2-84:S:N:N1:110 888876 CATEGORY: Classification TARIFF NO.: 8472.90.8000; 8524.23.1040 Mr. Steve De Castro All Ways Forwarding Int'l Inc. Hemisphere Center U.S. Route 1-9 South Newark, N.J. 07114 RE: The tariff classification of an Electronic Rolodex File from China Dear Mr. De Castro: In your letter dated July 28, 1993, on behalf of Rolodex Corporation, you requested a tariff classification ruling. The merchandise under consideration involves a model EL-128K Electronic Rolodex File that is designed to function as a desk- top organizer. This electronic storage and retrieval device incorporates a super-twist LCD display screen with a 24 character across by 6 line display, a QWERTY keyboard, primary batteries, and a base for placing the device on a table or desk. This programmable desk-top card file and organizer stores, maintains, and retrieves information. Its powerful 128K memory can store thousands of individual names, phone numbers, addresses, and miscellaneous information that can be viewed instantly. It features a Business Card File, Reminder Note Pad, Monthly Calender, Speed Dial List, Full-function Calculator, and Currency Converter. This electronic device is packaged and sold with an instructional VHS video tape, that shows the user how to operate the Rolodex File. This electronic retrieval device is approximately 9.5 inches in length, and 6.5 inches in height when folded together. It also includes a wire-less infrared file transfer system that allows the user to transfer files from the Business Card Files directory from one unit to another. Noting GRI-3 (b), an article consisting of different components which cannot be classified by reference to 3 (a), shall be classified as if they consisted of the component which gives them their "essential character". In this instance, the "essential character" of this electronic filing device is imparted by its storage and retrieval function of previously stored and filed information, such as addresses, phone numbers, messages, and other information. Noting Legal Note 6 to Chapter 85 of HTS, the instructional video tape will be separately classified. The applicable subheading for the Electronic Rolodex File will be 8472.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other office machines. The rate of duty will be 3.7 percent ad valorem. The applicable subheading for the instructional video tape will be 8524.23.1040, HTS, which provides for video tape recordings, of a width exceeding 6.5 mm, other. The rate of duty will be 0.66 cents per linear meter. 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