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HQ 083454


October 19, 1989

CLA-2 CO:R:C:G 083454 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.00

Mr. John Montoya
Import/Export Specialist
Canon U.S.A., Inc.
One Canon Plaza
Lake Success, NY 10042-1113

RE: Photocopier machine parts of textile fibers

Dear Mr. Montoya:

Your letter of December 7, 1988, requesting a classification ruling under the Harmonized Tariff Schedule of the United States (HTSUSA) for textile fiber photocopier machine parts has been referred to this office for a reply.

FACTS:

The merchandise in question are parts designed for use within photocopiers. The parts are of felt/nonwoven construction and are composed of either 100% wool, 100% polyamide, 100% polyacetal or an 80% wool/20% rayon blend.

ISSUE:

Should the photocopier machine parts be classified according to their use as photocopier parts or according to their content as textile articles?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes..." The relevant heading in
this case is heading 5911, HTSUSA. Heading 5911, HTSUSA describes:

5911 Textile products and articles, for technical uses, specified in note 7 to this chapter...

5911.90.00 Other

The instant ruling request suggested that the parts should be classified within heading 9009, HTSUSA, as "Photocopying apparatus...parts and accessories thereof..." However, Chapter 90 note 1(a), HTSUSA specifically excludes "Articles of a kind used in machines, appliances or for other technical uses....of textile material (heading 5911)."

Therefore, it is the opinion of this office that the photocopier machine parts made of textile materials are classified within subheading 5911.90.00, HTSUSA.

HOLDING:

The photocopier machine parts made of textile materials are classified within subheading 5911.90.00, HTSUSA, as "Textile products and articles, for technical uses...Other." The rate of duty is 7.5 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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