CLA-2 CO:R:C:G 083459 CRS
Mr. John Montoya
Import/Export Specialist
Canon U.S.A., Inc.
One Canon Plaza
Lake Success, NY 11042-1113
RE: Photocopier Machinery Parts
Dear Mr. Montoya:
This is in reply to your letter, dated December 5, 1988, to
our New York office, in which you requested a ruling concerning
the classification of photocopier parts under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA). Samples
were submitted with your request.
FACTS:
The four articles in question are parts of photocopier
machinery. Two are cleaning felts (part nos. FG1-2377 and FG1-
4595), the third is a cleaning belt (part no. FF1-2538, FAS-8908,
FY7-0085), while the fourth is a document feed ribbed belt (FA2-
3600).
The first three parts are components of the fixing assembly
unit. Their function is to come into contact with the roller and
thereby lubricate and clean its surface. The fourth part, the
ribbed belt, is used in the automatic document feeder to supply
paper to, and remove it from, the machine's surface.
The two cleaning felts measure nine inches in length, are
fastened to molded plastic "arms" of roughly the same length,
and are made from nomex, a nylon-based, aramid fiber. The
cleaning belt is attached at both ends to aluminum shafts
measuring 12 inches in length, and is also made from nomex. The
ribbed belt is made from tetron, a polyester fabric. A ridge or
rib of urethane rubber one-eighth of an inch wide runs
lengthwise along the belt.
ISSUE:
Whether the articles in question are classifiable as
photocopier parts of heading 9009, HTSUSA, or as textile belting
and textile articles for technical uses of heading 5911, HTSUSA?
LAW AND ANALYSIS:
Articles are classified in the HTSUSA according to the
General Rules of Interpretation (GRIs). GRI 1 provides that the
classification of articles is to be determined according to the
terms of the headings and any relative section or chapter notes.
Heading 9009, HTSUSA, covers photocopying apparatus and
parts and accessories thereof. While heading 9009 would
therefore appear to include the articles in question, Note 1(a),
Chapter 90, HTSUSA, excludes articles of textile material of a
kind used in machines or for technical uses (heading 5911) from
classification in Chapter 90. Thus if any of the articles in
question are covered by heading 5911, they cannot be classified
as parts of photocopying apparatus of heading 9009.
Heading 5911, HTSUSA, covers textile products and articles
for technical uses which do not fall into any other headings of
section XI. Pursuant to Note 7, Chapter 59, these include:
(b) Textile articles (other than those of headings 5908 to
5910) 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 disks and other machinery parts).
The cleaning felts and cleaning belt are designed to lubricate
and clean the surface of a photocopier machine roller. Customs
is therefore of the opinion that they are textile articles for
technical purposes of heading 5911 as defined by Note 7(b),
Chapter 59. Consequently, they are excluded from heading 9009
by virtue of Note 1(a), Chapter 90, and instead are classifiable
in heading 5911.
Note 2, Chapter 90, provides in pertinent part that:
Subject to note 1 above, parts and accessories for machines,
apparatus, instruments or articles of this chapter are to be
classified according to the following rules:
(b) Other parts and accessories, if suitable for use solely
or principally with a particular kind of machine, instrument
or apparatus, or with a number of machines, instruments or
apparatus of the same heading...are to be classified with
the machines, instruments or apparatus of that kind.
Customs does not consider the document feed belt to be ejusdem
generis with the articles referred to in Note 7(b), Chapter 59.
Since the document feed ribbed belt is not a textile article of a
kind used for technical purposes of heading 5911, it is not
excluded by Note 1(a), Chapter 90, and consequently, is
classifiable in heading 9009 pursuant to Note 2(b), Chapter 90.
HOLDING:
The document feed belt is classifiable in subheading
9009.90.0030 under the provision for parts and accessories, parts
and accessories of electrostatic photocopying apparatus operating
by reproducing the original image via an intermediate onto the
copy (indirect process) and are dutiable at 3.9 percent ad
valorem. However, articles classifiable in this subheading are
subject to a temporary modification in duty under subchapter II,
Chapter 99. Heading 9902.90.90, HTSUSA, provides that parts of
elecrostatic copying machines which operate via an intermediate
process are free of duty if entered on or before December 31,
1990.
The cleaning belt (FF1-2538, FAS-8908, FY7-0085), and the
two cleaning felts (FG1-2377; FG1-4595), are classifiable in
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