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NY 806023




February 1, 1995

CLA-2-84:S:N:N1:110 806023

CATEGORY: CLASSIFICATION

TARIFF NO.: 8472.90.9000

Mr. Christopher E. Pey
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: The tariff classification of a color card cleaner from Japan.

Dear Mr.Pey:

In your letter dated January 5, 1995, on behalf of Mitsui & Co. (U.S.A.), you requested a tariff classification ruling.

The merchandise under consideration involves a color card cleaner which operates in conjunction with a color card printer. This printer primarily prints employee identification cards, licenses, certificates and greeting cards. The cards cleaned by the color card cleaner machine are flat and measure 3 3/8 inches by 2 1/8 inches. These plastic and PET cards are hard materials when they are placed in the mechanism of the card cleaner.

The color card cleaner is a small unit which is designed to remove the burrs on the card edges, foreign matter, and static electricity before the card is placed in the card printer. The card cleaner operates by moving the cards through a mechanism consisting of a series of adhesive rollers, heat elements and brushes. This color card cleaner incorporates a base for placing it on a table or desk. It weighs approximately 17.6 pounds, and measures approximately 9.8 inches in width by 13.3 inches depth and 5.7 inches in height.

Consideration under HTSUS 8465.92.00 is precluded. The color card cleaner cannot be considered to be a machine tool. The specifications indicate that the plastic is heated before deburring, hence the material is not "hard" during the deburring process. When deburring is not necessary, the heater is not used. From this, it is evident that the deburring device can only work on heated plastic. This color card cleaner appears similar to the data cartridge tape cleaning machine which was classified in Headquarter's Rulings 083530 under the provision for other office machines in HTSUS 8472.90.80.

The applicable subheading for the color card cleaner will be 8472.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other office machines. The rate of duty will be 3.3 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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