CLA-2-59:S:N:N6:350 805503
Mr. Roger M. Ludwig
John V. Carr & Son Inc.
P.O. Box 268
Buffalo, NY 14201
RE: The tariff classification of sealing sleeves (developer
sleeves) for blueprint copiers, from Canada.
Dear Mr. Ludwig:
In your letter dated December 27, 1994, on behalf of Leslie
Taylor Manufacturing Company Ltd, Ontario, Canada, you requested
a tariff classification ruling.
The instant sample, which you refer to as a developer sleeve
(sealing sleeve), was manufactured in Canada from cotton duck
fabric of U.S. origin which was frictioned with neoprene rubber
in a rubber calendaring machine. The neoprene/cotton stock is
used to build a raw sleeve on a knurled drum. At this point, the
drum and sleeve are placed in a vessel and the sleeve is cured
with steam.
Your letter indicates that each sleeve is manufactured to
exacting specifications and is committed by OEM design to a
particular model of machine. In fact, you indicate that these
sleeves are so dedicated that they cannot be used on any other
model of machine from the same OEM. The operation of, for
instance, the diazo contact printer, centers around these
developer sleeves. These sleeves are used in the upper
development section of such whiteprint or blueprint machines.
Specifically, these sleeves have a dual purpose: 1) to transport
the paper evenly past the developer tank in the particular
machine upon which it is used and 2) to seal the ammonia vapor in
the tank area only, so that no fumes can escape into the room.
You furnished schematic cross section diagrams for several of
your models. The furnished sleeve is approximately 47 inches
wide with a 41 inch circumference.
You indicate in your correspondence that this product is
currently being imported and entered under item 5911.90..., HTS,
and that you would like to have them now entered under item
9009.90.0000 as "Parts for Contact Printers". These sleeves pass
over two or more rollers, however, the function is more than that
of mere conveyance. Your letter, the submitted drawings and the
parts lists all refer to the item as a sealing sleeve or
developer sleeve. We consider this rubberized material to have a
technical use in the copy machine. Chapter 90, note 1(a), which
covers subheading 9009.90, excludes from classification therein
"articles of a kind used in machines, appliances or for other
technical uses, ... of textile material (heading 5911)."
Accordingly, we deem the proper tariff provision for the
article to be 5911.90.0080, Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), which provides for textile
products and articles, for technical uses. The general rate of
duty will be 7.1 percent ad valorem.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR 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