CLA-2-84:S:N:N1:110 897228

Mr. John M. Peterson
Neville, Peterson & Williams
80 Broad Street, Suite 3400
New York, N.Y. 10004

RE: The tariff classification of a Model HQ-310 Ink Jet Printer from Mexico.

Dear Mr. Peterson:

In your letter dated April 21, 1994, on behalf of Xerox Corporation, you requested a tariff classification ruling. The merchandise under consideration involves a model HQ-310 multifunction computer printer that features an accessory facsimile, copying and scanning capability. This model is an ink-jet printer that utilizes a patented Xerox ink-jet technology in the form of a thermal "drop on demand" ink jet with a 128 nozzle cartridge. The resolution of this printer is 300 dpi, and the machine is compatible with any computer that is based on a "MS-DOS" or Microsoft "Windows" operating system.

The ink-jet printer incorporates a standard Centronics parallel port, and can also use an optional RS 232 connector which allows it to function as a facsimile or as a scanner. The machine in addition to functioning as an ink jet printer, incorporates a digital raster scanner, a control electronics with image processing capabilities and a data communications modem. The scanner permits the scanning of "hard copy" documents into digital form for printing, storage or communications. The control electronics and modem permits the multifunctional printer to send or receive image information over telecommunication facilities.

In addition to a printer engine, the unit incorporates a paper handling guide, paper drive, an ink-jet cartridge drive, an ink-jet cartridge holder, a waste ink reservoir, a drive motor for paper transport, a carriage drive motor, and ribbon cable. The machine however will not be shipped with its ink-jet cartridge,and thus does not incorporate its print mechanism. Based on its design features and overall functions, it would appear that this model ink=jet printer will be principally used as an ADP output printer. Noting Legal Note 5 (B) to Chapter 84 of the HTS, this printer would meet the definition of a "unit" of an ADP system.

The applicable subheading for the model HQ-310 ink-jet printer, imported without the ink-jet cartridge, will be 8471.92.6200, Harmonized Tariff Schedule of the United States (HTS), which provides for ink-jet printers, other. The rate of duty will be free.

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