The tariff classification of a "Software License" from United Kingdom
Issued September 15, 2004 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 4911.99.8000
Headings: 4911
Product description
” It is entitled, “Software License,” a reproduction of which was supplied. (The document is an almost exact copy of a “Software Registration Certificate,” previously furnished.) It is essentially a list of restrictions and prohibitions: “user rights only on a non-exclusive and non-transferable basis”; “use only on the Equipment on which it is supplied”; “sub-licensing restrictions”; “prohibition on the reproduction, modification of software”; etc. It does not, as did the license of HQ 951887, to which you refer, “confer ownership of, or entitlement to, certain financial interests, goods or benefits named therein”.
Full text
NY K88994 September 15, 2004 CLA-2-49:RR:NC:2:234 K88994 CATEGORY: Classification TARIFF NO.: 4911.99.8000 Mr. Keith O’Leary Trade Analyst Vastera Ltd. Regus House, 268 Bath Road Slough, Berkshire SL1 4DX United Kingdom RE: The tariff classification of a “Software License” from United Kingdom Dear Mr. O’Leary: In your letter dated August 28, 2004, you requested a tariff classification ruling for a single piece of paper “detailing the rights of the software user.” It is entitled, “Software License,” a reproduction of which was supplied. (The document is an almost exact copy of a “Software Registration Certificate,” previously furnished.) It is essentially a list of restrictions and prohibitions: “user rights only on a non-exclusive and non-transferable basis”; “use only on the Equipment on which it is supplied”; “sub-licensing restrictions”; “prohibition on the reproduction, modification of software”; etc. It does not, as did the license of HQ 951887, to which you refer, “confer ownership of, or entitlement to, certain financial interests, goods or benefits named therein”. The applicable subheading for the “Software License” of this request will be 4911.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other printed matter, including printed pictures and photographs: Other (than certain specified kinds). 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 Carl Abramowitz at 646-733-3037. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division
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