CLA-2 CO:R:C:G 083199 CRS
Mr. Raymond A. Valdes
Customs Specialist
Ricoh Corporation
5 Dedrick Place
West Caldwell, NJ 07006
RE: Photocopier machine components of felt/nonwoven
construction.
Dear Mr. Valdes:
This is in reply to your letter dated November 2, 1988, to
our New York office, in which you requested a classification
ruling under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). Samples were submitted with your request.
FACTS:
The articles in question are sixteen photocopier machine
components of textile materials. The components are of
felt/nonwoven construction and consist of the following:
1. Felt seal toner, part no. 54423214, of 60 percent
polyol, 40 percent polyasoctaminate;
2. Felt manual feed, part no. G0034089, of 50 percent
nylon, 50 percent rayon;
3. Felt-first mirror, part no. 54031699, of 60 percent
wool, 40 percent rayon;
4. Oil pan felt, part no. 54424161, of 80 percent wool, 20
percent rayon;
5. Felt seal-screw, part no. 52053180, of 80 percent wool,
20 percent rayon;
6. Felt washer, part no. 54333453, of 80 percent wool, 20
percent rayon;
7. Felt, base, carriage, part no. 87912028, of 100 percent
wool.
8. Felt-oil bottle, part no. 54204067, of 80 percent wool,
20 percent rayon;
9. Felt damper, part no. 54341692, of 100 percent wool;
10. Felt seal, part no. 54203079, of 85 percent polyurethane
foam, 15 percent polyester film;
11. Felt seal - vibrator shaft, part no. 54463118, of 60
percent polyol, 40 percent polyasociaminate;
12. Felt - 18mm, part no. 54153096, of 80 percent wool, 20
percent rayon;
13. Felt seal - 3 x 7 x 15mm, part no. 54463497, of 85
percent wool, 15 percent rayon;
14. Felt wick, part no. 54474198, of 75 percent wool, 20
percent rayon, 5 percent oil;
15. Oil felt, part no. 54204127, of 100 percent polyamide;
16. Felt damper, part no. 52011822, fiber breakdown not
provided.
The parts in question are manufactured in Japan.
ISSUE:
Whether the articles in question are parts and accessories
of photocopying apparatus of heading 9009, HTSUSA, or textile
articles of a kind used for technical purposes of heading 5911,
HTSUSA.
LAW AND ANALYSIS:
Articles are classified under the HTSUSA in accordance with
the General Rules of Interpretation (GRIs). GRI 1 provides that
the classification of articles is determined according to the
terms of the headings and any relative section or chapter notes
and, provided the headings or notes do not otherwise require,
according to the remaining GRIs taken in order.
Heading 9009, HTSUSA, covers photocopying apparatus and
parts and accessories thereof. However, Note 1(a), Chapter 90,
HTSUSA, excludes textile articles of a kind used in machines
(heading 5911) from classification in Chapter 90.
Heading 5911, HTSUSA, covers textile products and articles
for technical uses. Note 7(b), Chapter 59, provides in pertinent
part that heading 5911 applies to:
(b) Textile articles of a kind used for technical purposes
(for example, textile fabrics and felts, endless or fitted
with linking devices, of a kind used in papermaking or
similar machines (for example, for pulp or asbestos-cement)
gaskets, washers, polishing discs and other machinery
parts).
The articles in question are of a class or kind with those
described in Note 7(b), Chapter 59, and are therefore
classifiable in heading 5911, HTSUSA.
HOLDING:
The articles in question are classifiable under subheading
5911.90.0000 under a provision for textile products and articles
for technical uses..., other, and are dutiable at a rate of 7.5
percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division