H80993 H8 Ruling Active

The tariff classification of prepared unrecorded media and recorded media from various countries.

Issued May 16, 2001 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 8524.39.4000, 8523.90.0000

Headings: 8523, 8524

Product description

The item in question is denoted as DataPlay Digital Media. The item is a nearly rectangular disc, (1.5’ x 1.25”) and is produced in either a 250 megabyte capacity or a 500 megabyte capacity. It is indicated that the DataPlay Digital Media disc will be imported in a prepared unrecorded format and in a prerecorded format. The prepared unrecorded type will be used to store any phenomena such as data, sound and images, up to its megabyte capacity. The prerecorded disc will have the characteristics of data, instructions, sound, image and interactivity capability. It is indicated that these discs are designed to be accessed via a DataPlay micro-optical player/recorder device.

CBP rationale

The applicable subheading for the prepared unrecorded DataPlay disc will be 8523.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of chapter 37: Other. The applicable subheading for the prerecorded DataPlay disc will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: Discs for laser reading systems: Other: For reproducing representations of instructions, data, sound and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs.

Full text

NY H80993 May 16, 2001 CLA-2-85:RR:NC:1:108 H80993 CATEGORY: Classification TARIFF NO.: 8523.90.0000, 8524.39.4000 Mr. Ron Reuben Danzas 5510 West 102nd Street Los Angeles, CA 90045 RE: The tariff classification of prepared unrecorded media and recorded media from various countries. Dear Mr. Reuben: In your letter dated May 8, 2001 you requested a tariff classification ruling. The item in question is denoted as DataPlay Digital Media. The item is a nearly rectangular disc, (1.5’ x 1.25”) and is produced in either a 250 megabyte capacity or a 500 megabyte capacity. It is indicated that the DataPlay Digital Media disc will be imported in a prepared unrecorded format and in a prerecorded format. The prepared unrecorded type will be used to store any phenomena such as data, sound and images, up to its megabyte capacity. The prerecorded disc will have the characteristics of data, instructions, sound, image and interactivity capability. It is indicated that these discs are designed to be accessed via a DataPlay micro-optical player/recorder device. The applicable subheading for the prepared unrecorded DataPlay disc will be 8523.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of chapter 37: Other. The rate of duty will be free. The applicable subheading for the prerecorded DataPlay disc will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: Discs for laser reading systems: Other: For reproducing representations of instructions, data, sound and image, recorded in a machine readable binary form, and capable of being manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. The rate of duty will be free. 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 Michael Contino at 212-637-7039. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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