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NY 897940




May 19, 1994

CLA-2-84:S:N:N1:110 897940

CATEGORY: CLASSIFICATION

TARIFF NO.: 8523.90.0000; 8473.30.3000; 9612.10.1010; 9612.10.9010

Mr. Bill Damko
Digital Storage Incorporated
7860 N. Central Drive
Westerville, Ohio 43081-9671

RE: The tariff classification of magneto optical disks, laser toner cartridges, and ribbons for printers from France, Holland, Canada, or Israel.

Dear Mr. Damko:

In your letter dated May 10, 1994, you requested a tariff classification ruling.

The merchandise under consideration involves two models of optical disks (5.25" and 3.5"), recordable compact disks, EP laser toner cartridges for laser printers, and ribbons for printers.

The 3.5" magneto optical disks are rewritable disks with a storage capacity of 128 megabytes. The outer diameter of the disk is 86mm, and has the capability of over 10 million erase/write/read cycles.

The 5.25" magneto optical disks are also rewritable disks with a storage capacity of up to 650 MB. The outer diameter of the disk is 130mm, and has the capability of over 10 million writes/rewrites. Both of these disks are imported in an unrecorded media format.

The EP laser toner cartridge is a mechanical toner cartridge that is designed for use with laser printers. The toner cartridge incorporates a photosensitive drum, toner powder, corona unit, developer unit and a cleaner blade. The instant merchandise is designed for use exclusively with laser printers for ADP systems.

The recordable compact disk (CD-R) is designed for audio recording and information retrieval. It can accommodate up to 74 minutes of CD-formatted musical programming or up to 540MB of computer data.

The various models of ink ribbons include four models of ribbons that are contained inside of a cartridge, while one model (GE 120/300/1200) is wound on two spools. They are all less than 30mm in width, use either a black nylon ribbon, or a film multistrike ribbon, and are all inked and otherwise prepared for giving impressions.

The applicable subheading for the optical disks and the recordable compact disks will be 8523.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other prepared unrecorded media for sound recording or similar recording of other phenomena. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the laser toner cartridge will be 8473.30.3000, HTS, which provides for other parts for printers, specified in additional U.S. note 2 to this chapter. The rate of duty will be free.

The applicable subheading for the printer ribbons that are contained within a cartridge will be 9612.10.10, HTS, which provides for typewriter or similar ribbons, inked or otherwise prepared for giving impressions, measuring less than 30 mm in width, permanently put up in plastic or metal cartridges. The rate of duty will be 4.8 percent ad valorem.

The applicable subheading for the printer ribbon that is wound on two spools (GE120/300/1200) will be 9612.10.9010, HTS, which provides for other ribbons, of woven man-made fibers. The rate of duty will be 9 percent ad valorem.

The woven printer ribbon on the spools falls within textile category designation 621. This merchandise may be subject to Visa requirements and quota restraints or Visa and quota restrictions based upon international textile trade agreements.

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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