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NY 812109

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July 11, 1995

CLA-2-84:S:N:N1 812109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.92.4200; 8471.92.3800

Mr. Tony Pankey
Lexmark International, Inc.
740 New Circle Road NW
Lexington, Kentucky 40511-1876

RE: The tariff classification of LED printers, Laser printers, LED assembly for printers, and an Operator Panel card from Japan.

Dear Mr. Pankey:

In your letter dated June 19, 1995, you requested a tariff classification ruling.

The merchandise under consideration involves two models of ADP output printers, and components for such printers, such as a LED assembly and an Operator Panel card.

The IBM 4037 5E("4037") is a non-impact page printer which connects directly to the parallel port of an IBM compatible personal computer system. The 4037 can produce ADP systems output in the form of printed text and business graphics on cut sheet paper (up to 8 1/2 x 14 inches), paper card stock, envelopes or labels, and on transparencies. It uses an electrophotographic process to produce this output at a maximum rate of 5 pages per minute at 300 dots per inch (dpi) resolution.

The 4037's printhead is an electronic light bar containing a line of 2,560 separately addressed semiconductor LED's that expose the photoconductor with the image to be printed. In its imported condition, the printer will incorporate in a single housing a media transport mechanism, control mechanism, and a print mechanism.

The IBM 4039 is non-impact page printer which also connects directly to the parallel or serial of a personal computer system, or indirectly to such units within a local area network ADP system when the printer incorporates an appropriate network interface adapter card. It uses an electrophotographic process to produce ADP systems output in the form of printed text, at a maximum rate of 10, 12, or 16 ppm (depending on the model) at up to 600 dpi resolution.

This model employs a semiconductor laser assembly to expose the photoconductor and create the electrostatic latent image to be printed. This printer is therefore known in the industry as a laser printer. In its imported condition it will include a media transport mechanism, a control mechanism, and a print mechanism, in one common housing.

The applicable subheading for the LED printer (4037) will be 8471.92.4200, Harmonized Tariff Schedule of the United States (HTS), which provides for Light bar electronic printer units, assembled, incorporating at least the media transport, control and print mechanism. The duty rate will be 3 percent ad valorem.

The applicable subheading for the Laser printer (4039) will be 8471.92.3800, HTS, which provides for other laser printers, assembled, incorporating at least the media transport, control and print mechanism. The rate of duty will be 3 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the LED assembly and the Operator Panel Card. Your request for a classification ruling should include a component breakdown of the major components of these two articles, with approximate value breakdowns, and a clarification of the functions that the components perform. We would suggest possibly a meeting at New York with the involved NIS's, since alternate classifications different from those that Lexmark asserts may exist for the two sub-assemblies.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

999 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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