HQ 087024: Center core and A-ring of micro floppy diskette clamshell

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 087024

                         August 3, 1990

CLA-2 CO:R:C:G  087024  JMH

CATEGORY:  Classification

TARIFF NO.:  3919.90.50, 7616.90.00

Mr. Gerry A. Palomo
Japan Freight Consolidators, (Calif.) Inc.
P.O. Box 280517
San Francisco International Airport
San Francisco, CA  94128-0517

RE:  Center core and A-ring of micro floppy diskette clamshell

Dear Mr. Palomo:

     Your letter of April 4, 1990, requesting a classification
ruling under the Harmonized Tariff Schedule of the United States
Annotated ("HTSUSA") for certain parts of micro floppy diskette
clamshells has been referred to this office for a reply.

FACTS:

     The articles in question are the center core and the A-ring
to micro floppy diskettes.  The diskettes are used with
automatic data processing machines ("ADPs").  The complete
floppy diskette is three and one-half inches square.  The housing
of the diskette, the clamshell, is made of plastic and serves as
a protective covering or holder for the magnetic media.

     The center core of a diskette is made of aluminum.  The
magnetic media is placed around the center core.  The core
enables the diskette to rotate inside the disc drive of an ADP.

     The A-ring of a diskette is an adhesive material that fits
between the center core and the magnetic media.  The A-ring is a
flat, circular ring made of a plastic material with an adhesive
applied to both sides.

ISSUE:

     What is the proper classification under the HTSUSA for the
center core and the A-ring, parts of the micro floppy diskette
clamshells?


                               -2-


LAW AND ANALYSIS:

     The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's).  GRI 1,
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes..."

     Chapter 85, Note 6, HTSUSA, requires that unrecorded media
remain classified within heading 8523, HTSUSA, "whether or not
they are entered with the apparatus for which they are intended."
Heading 8523 describes "Prepared unrecorded media for sound
recording or similar recording of other phenomena, other that
products of chapter 37..."  Unrecorded micro floppy diskettes are
classified within heading 8523.  See Headquarters Ruling Letter
086851 ("HQ 086851"), dated April 9, 1990.

     Section XVI, Note 2(b), HTSUSA, requires that parts used
solely or principally with a particular kind of machine are to be
classified with that machine.  Section XVI, Note 5, HTSUSA,
defines "machine" as "any machine, machinery, plant, equipment,
apparatus, or appliance cited in the headings of chapter 84 or
85."  The A-ring and center core are parts of a micro floppy
diskette.  Magnetic media or a micro floppy diskette is
"equipment" or "apparatus" within the meaning of Section XVI,
Note 5.  Thus, according to Section XVI, Note 2(b), the A-ring
and center core should be classified within heading 8523 with the
diskettes.

     However, the provisions of heading 8523 do not include a
subheading for parts.  Therefore, the center core and A-ring,
although used solely or principally with micro floppy diskettes,
cannot be classified under heading 8523.  Since the A-ring and
the center core cannot be classified as parts of diskettes, they
must be classified according to their constituent materials.

     The center core is made of aluminum.  The appropriate
classification for the center core is in subheading 7616.90.00,
HTSUSA, as "Other articles of aluminum...Other..."

     The A-ring is made of adhesive plastic.  Plastics are
covered by Chapter 39, HTSUSA.  Chapter 39, Note 1(o), HTSUSA,
excludes "Articles of section XVI (machines and mechanical or
electrical appliances)" from classification within chapter 39.
The exclusionary language suggests that complete machines were
meant to be excluded from Chapter 39.  This language would also
cover parts of machines that have provisions within Section XVI.
However, the adhesive plastic A-rings are not provided for
within Section XVI as a machine or a part.  Therefore, the proper
classification for the A-rings is in subheading 3919.90.50,

                               -3-


HTSUSA, as "Self-adhesive plates, sheets, film, foil, tape,
strips and other flat shapes, of plastics, whether or not in
rolls...Other...Other..."

HOLDING:

     The aluminum center core  and the A-ring of micro floppy
diskette clamshells are classified according to their constituent
materials.  The aluminum center core is classified within
subheading 7616.90.00, HTSUSA, as "Other articles of
aluminum...Other..."  The adhesive plastic A-ring is classified
in subheading 3919.90.50, HTSUSA, as "Self-adhesive plates,
sheets, film, foil, tape, strips and other flat shapes, of
plastics, whether or not in rolls...Other...Other..."

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division