No discs at all?
No audio CD? No data CD? Neither factory pressed nor burned?
Same with DVD media? You're not even able to browse the disc using Explorer or any other file manager?
Are there any errors in device manager?
Does the drive show up properly?
I guess, this problem might be related to the Sata controller, its configuration and the drivers for that.
the drive works ok windows xp.
So the hardware is okay.
what would happen if i could flash it with tsst corp flash is there a good chance it could work ?
No idea. Nobody knows if another OEM firmware will solve that issue.
You are aware that you need to override the hardware check of the flasher? Please read the FAQ (see my signature) for details.
Btw, Dell has a firmware DW10, release date 9/28/2009 "Initial Windows 7-ready firmware release" available. Just use the search box on http://support.dell.com and search for TS-H353B.
Any crossflash might void the warranty, and there is always some rick to kill the drive.