CLA-2-84:S:N:N1:110 872982

Mr. Dennis Heck
Castelazo & Associates
5420 West 104th Street
Los Angeles, CA 90045

RE: The tariff classification of a Process Unit kit for a laser printer from Japan

Dear Mr. Heck:

In your letter dated March 26, 1992, on behalf of Toshiba America Information Systems, Inc., you requested a tariff classification ruling. The merchandise under consideration consists of a kit that is designed for use with a model GX400 ADP laser printer. The process unit kit consists of the following components: the drum unit; the toner cartridge; the fuser cleaning pad, and a cotton swab.

The drum unit of this kit with a toner cartridge installed is called the "process unit". The drum unit is a mechanical cartridge that includes such components as gears, and the photoreceptor drum. The toner cartridge fits into the drum unit but is basically only a container for housing the toner material. The fuser cleaning pad consists of a felt pad and plastic holder. The cotton swab consists of cotton wadding material on a small wooden stick and is used to clean the transfer charger.

The components of this kit are put up in a set for retail sale and appear to meet the definition of a set as described in the General Rules of Interpretation, GRI 3 (b). GRI 3 (b) requires classification of these items as if they consisted of the component that gives them their essential character. In the present case, the drum unit, which is classifiable as a part/accessory of the laser printer, under HTS number 8473.30.4000, imparts the essential character of the set. The applicable subheading for the process kit will be 8473.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of the machines of heading 8471 not incorporating a cathode ray tube. The rate of duty will be free.

The cotton wadding (cotton swab), classified in HTS subheading 5601.21.0090, falls within textile category designation (369), from Japan. As a product of Japan, this merchandise is subject to visa requirements based upon international textile trade agreements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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