HQ 0951523 - Classification of a "Fusing Agent". - United States International Trade Commision Rulings

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HQ 951523
August 7,1992
CLA-2 CO:R:C:F 951523 JGH

CATEGORY: CLASSIFICATION

TARIFF NO.: 3707.90.30

Mr. Jerome Schraub
MI-TU Instructional Services, Inc.
P.O. Box 346
Alden Manor Branch
Floral Park, NY 11003

RE: Classification of a "Fusing Agent".

Dear Mr. Schraub:

This is in reference to your inquiry concerning the classification under the Harmonized Tariff Schedules of the United States (HTSUS) of a product referred to as a "fusing agent."

FACTS:

The "fusing agent" is manufactured specifically for high- speed laser printers to aid in improving printing quality on paper. The "fusing agent" is a mixture of 89 percent trichlorotrifluoroethane and 11 percent acetone, and is imported in a container of 4 cylinders; each cylinder is inserted into a mounting system within the printer unit.

ISSUE:

Classification of a "fusing agent" under the HTSUS, as a mixture in subheading 3823.90.4710, HTSUS, or as a chemical preparation for photographic uses, in subheading 3707.90.30, HTSUS.

LAW AND ANALYSIS:

It is suggested that the "fusing agent" is classified as a mixture in subheading 3823.90.4710, HTSUS, as a mixture of halogenated hydrocarbons.

It is understood that a high-speed laser printer utilizes light to form an image on a drum. Light in the form of a laser sensitizes (charges) a drum which picks up a toner or opposite charge. The toner then is released onto the paper of opposite charge. The whole operation is considered a photographic process. The electrophotographic process is considered a photographic process, and chemicals (toners) utilized in a photographic process are considered photographic chemicals even though toners are not light sensitive. Tomoegawa USA, Inc. v. United States, 12 CIT 112 (1988).

Since the "fusing agent" is a mixture of chemicals used in a photographic process, even though not light sensitive, the chemicals are considered photographic chemicals for tariff purposes.

HOLDING:

The "fusing agent" described is classifiable under the provision for chemical preparations for photographic uses, in subheading 3707.90.30, HTSUS. The general column rate of duty is 8.5 percent ad valorem.

Sincerely,

John Durant, Director

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