CLA-2-39:S:N:N3G:221 870009
3921.90.4050; 3923.50.0000.
Ms. Sharon Roach
Nippon Express U.S.A., Inc.
5176 Pelican Drive
Atlanta, GA 30349
RE: The tariff classification of plastic strips from Japan.
Dear Ms. Roach:
In your letter dated December 10, 1991, on behalf of Ricoh
Electronics Inc., you requested a tariff classification ruling.
The three products which are the subject of the request will
be used as parts of toner liquid cartridges for copier machines.
Item 1 is used in the F-9 toner cartridge. Items 2 and 3 are
used in the F-21 toner cartridge.
Item 1 is a rectangular strip of plastics material,
measuring approximately 1 3/16 inches in width, imported on
rolls. The strip consists of three layers of plastics,
polyamide, polyethylene and polyethylene terephthalate (PET)
polyester, laminated together, with heat activated adhesive on
one surface. This strip will be cut to length and heat melted
onto the opening in the toner cartridge through which toner is
dispensed into the copier.
Item 2 is a seal strip made from three layers of plastics,
polypropylene, polyethylene and polyamide, with heat activated
adhesive on one surface. The seal measures approximately 46
inches in total length, with graduated widths ranging from 4 1/2
inches at one end to 1 1/8 inches at the opposite end. This
strip will form the seal over the opening in the toner cartridge
through which toner is dispensed into the copier.
Item 3, which you describe as "polyester aluminum foil,"
consists of a strip of aluminum foil laminated on one side with a
layer of PET polyester and on the other with a layer of
polyethylene. This strip is applied to the end of the cover of
the toner cartridge to allow the seal to slide into place when
the cover is attached to the cartridge, and to provide for easier
removal of the seal after placement in the copier. The aluminum
foil layer measures 10 microns in thickness, the polyester layer
measures 25 microns and the polyethylene layer measures 30 microns.
This sheet is considered to have an essential character of the
plastic materials.
The classification for item 1, the rectangular strip of
plastics material, depends on which polymer predominates by
weight. The applicable subheading if the polyethylene
predominates by weight will be subheading 3920.10.0000,
Harmonized Tariff Schedule of the United States (HTS), which
provides for other plates, sheets, film, foil and strip, of
plastics, noncellular and not reinforced, laminated, supported or
similarly combined with other materials, of polymers of ethylene.
The rate of duty will be 4.2 percent ad valorem.
The applicable subheading for item 1, if the PET polyester
predominates by weight, will be subheading 3920.62.0000, HTS,
which provides for other plates, sheets, film, foil and strip, of
plastics, noncellular and not reinforced, laminated, supported or
similarly combined with other materials, of polyethylene
terephthalate. The rate of duty will be 4.2 percent ad valorem.
The applicable subheading for item 1, if the polyamide
predominates by weight, will be subheading 3920.92.0000, HTS,
which provides for other plates, sheets, film, foil and strip, of
plastics, noncellular and not reinforced, laminated, supported or
similarly combined with other materials, of polyamides. The rate
of duty will be 4.2 percent ad valorem.
The applicable subheading for the plastic seal strip with
graduated widths will be 3923.50.0000, HTS, which provides for
stoppers, lids, caps and other closures of plastics. The rate of
duty will be 5.3 percent ad valorem.
The applicable subheading for item 3, the "polyester
aluminum foil," will be 3921.90.4050, HTS, which provides for
other plates, sheets, film, foil and strip, of plastics, other,
flexible, other. The rate of duty will be 4.2 percent ad
valorem.
You suggest classification in subheading 3926.90.4500, HTS,
which provides for other articles of plastics...gaskets, washers
and other seals. This provision applies only to those articles
of plastics which are not more specifically provided for in
preceding headings of chapter 39. The rectangular strips and
seal strips are all provided for more specifically in earlier
headings of chapter 39.
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