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NY 875263

June 16, 1992

CLA-2-84:S:N:N1:110 875263

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.4000; 5601.21.0090

Mr. Robert Persily
Viking Sea Freight
One World Trade Center, Suite 2409
New York, N.Y. 10048-0295

RE: The tariff classification of a developer kit and a drum kit from Japan.

Dear Mr. Persily:

In your letter dated June 11, 1992, on behalf of Tomen America, Inc., you requested a tariff classification ruling.

The merchandise under consideration consists of a developer kit and a drum kit which are designed for use with laser printers. The developer kit consists of the following components: a developer cartridge (model SPX-CK54); five toner cartridges; an oil felt, and a cotton stick.

The developer kit (SPX-CK54) contains a mechanical developer cartridge which consists of components such as gears, and a photoreceptor drum. A toner cartridge fits into the drum unit but is basically only a container for housing toner material. The oil felt is a cleaning felt which is attached to a plastic holder. The cotton stick consists of a 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 this case, the developer cartridge, 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 drum kit (SPX-SE54) is an electro mechanical cylinder cartridge for use with laser printers. This cylinder cartridge consists of a photoconductor drum, plastic gears, a spring and the toner. The essential character of this drum kit appears to be as a part for a laser printer in view of the mechanical components incorporated within the cartridge.

The applicable subheading for the developer kit (SPX-CK54), and the drum kit (SPX-SE54) 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 cathode ray tube. The rate of duty will be free.

The cotton wadding (cotton stick), 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

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