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NY 805503




January 18, 1995

CLA-2-59:S:N:N6:350 805503

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.0080

Mr. Roger M. Ludwig
John V. Carr & Son Inc.
P.O. Box 268
Buffalo, NY 14201

RE: The tariff classification of sealing sleeves (developer sleeves) for blueprint copiers, from Canada.

Dear Mr. Ludwig:

In your letter dated December 27, 1994, on behalf of Leslie Taylor Manufacturing Company Ltd, Ontario, Canada, you requested a tariff classification ruling.

The instant sample, which you refer to as a developer sleeve (sealing sleeve), was manufactured in Canada from cotton duck fabric of U.S. origin which was frictioned with neoprene rubber in a rubber calendaring machine. The neoprene/cotton stock is used to build a raw sleeve on a knurled drum. At this point, the drum and sleeve are placed in a vessel and the sleeve is cured with steam.

Your letter indicates that each sleeve is manufactured to exacting specifications and is committed by OEM design to a particular model of machine. In fact, you indicate that these sleeves are so dedicated that they cannot be used on any other model of machine from the same OEM. The operation of, for instance, the diazo contact printer, centers around these developer sleeves. These sleeves are used in the upper development section of such whiteprint or blueprint machines. Specifically, these sleeves have a dual purpose: 1) to transport the paper evenly past the developer tank in the particular machine upon which it is used and 2) to seal the ammonia vapor in the tank area only, so that no fumes can escape into the room. You furnished schematic cross section diagrams for several of your models. The furnished sleeve is approximately 47 inches wide with a 41 inch circumference.

You indicate in your correspondence that this product is currently being imported and entered under item 5911.90..., HTS, and that you would like to have them now entered under item 9009.90.0000 as "Parts for Contact Printers". These sleeves pass over two or more rollers, however, the function is more than that of mere conveyance. Your letter, the submitted drawings and the parts lists all refer to the item as a sealing sleeve or developer sleeve. We consider this rubberized material to have a technical use in the copy machine. Chapter 90, note 1(a), which covers subheading 9009.90, excludes from classification therein "articles of a kind used in machines, appliances or for other technical uses, ... of textile material (heading 5911)."

Accordingly, we deem the proper tariff provision for the article to be 5911.90.0080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for textile products and articles, for technical uses. The general rate of duty will be 7.1 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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