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NY 852714

May 21 1990

CLA-2-90:S:N:N1:110 852714

CATEGORY: CLASSIFICATION

TARIFF NO.: 9009.90.0030

Mr. A. J. Spatarella
Kanematsu USA Incorporated
400 Cottontail Lane
Somerset, N.J. 08873

RE: The tariff classification of an Aluminum Tube for Photocopying Machines from Japan.

Dear Mr. Spatarella:

In your letter dated May 11, 1990, you requested a tariff classification ruling.

The merchandise under consideration involves an Aluminum Tube which will be installed in a "plain paper" electrostatic photocopy machine. The tube is first polished by the end user in the United States, and then is used as a reflector drum in a photocopying machine.

The Aluminum Tube is suited for use as a part of the photoreceptor assembly since it is composed of a non magnetic material, and is easy to fabricate into an almost perfect cylinder. The Aluminum Tube becomes the photo-conducting drum for a photocopying machine, and therefore is a part of the photoreceptor assembly for the copier. It cannot be used in duplicating machines.

The Aluminum Tube is not eligible for classification under (HTS) 9902.90.90 since this provision applies to parts which do not include photoreceptors or assemblies containing photoreceptors, of electrostatic copying machines. Therefore, the applicable subheading for the Aluminum Tube for a Photocopying Machine will be 9009.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of electrostatic photocopying apparatus or machines. The rate of duty will be 3.9 percent ad valorem.

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

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