CLA-2-84:S:N:N1:110 875263
Mr. Robert Persily
Viking Sea Freight
One World Trade Center, Suite 2409
New York, N.Y. 10048-0295
RE: The tariff classification of a developer kit and a drum kit
from Japan.
Dear Mr. Persily:
In your letter dated June 11, 1992, on behalf of Tomen
America, Inc., you requested a tariff classification ruling.
The merchandise under consideration consists of a developer
kit and a drum kit which are designed for use with laser
printers. The developer kit consists of the following
components: a developer cartridge (model SPX-CK54); five toner
cartridges; an oil felt, and a cotton stick.
The developer kit (SPX-CK54) contains a mechanical developer
cartridge which consists of components such as gears, and a
photoreceptor drum. A toner cartridge fits into the drum unit
but is basically only a container for housing toner material.
The oil felt is a cleaning felt which is attached to a plastic
holder. The cotton stick consists of a cotton wadding material
on a small wooden stick, and is used to clean the transfer
charger.
The components of this kit are put up in a set for retail
sale and appear to meet the definition of a set as described in
the General Rules of Interpretation, GRI 3 (b). GRI 3 (b)
requires classification of these items as if they consisted of
the component that gives them their essential character. In this
case, the developer cartridge, which is classifiable as a
part/accessory of the laser printer, under HTS number
8473.30.4000, imparts the essential character of the set.
The drum kit (SPX-SE54) is an electro mechanical cylinder
cartridge for use with laser printers. This cylinder cartridge
consists of a photoconductor drum, plastic gears, a spring and
the toner. The essential character of this drum kit appears to
be as a part for a laser printer in view of the mechanical
components incorporated within the cartridge.
The applicable subheading for the developer kit (SPX-CK54),
and the drum kit (SPX-SE54) will be 8473.30.4000, Harmonized
Tariff Schedule of the United States (HTS), which provides for
parts and accessories of the machines of heading 8471 not
incorporating cathode ray tube. The rate of duty will be free.
The cotton wadding (cotton stick), classified in HTS
subheading 5601.21.0090, falls within textile category
designation (369), from Japan. As a product of Japan, this
merchandise is subject to visa requirements based upon
international textile trade agreements.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the
Status Report On Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available
for inspection at your local Customs office.
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