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NY 817475




December 22, 1995

CLA-2-84:RR:NC:MA:110 817475

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.92.5400

Mr. John M. Peterson
Neville, Peterson & Williams
80 Broad Street, 34th Floor
New York, N.Y. 10004

RE: The tariff classification of a multifunction Color Copier/Printer from Japan.

Dear Mr. Peterson:

In your letter dated December 6, 1995, on behalf of Xerox Corporation, you requested a tariff classification ruling.

The merchandise under consideration involves a Regal 5790 multifunction Color Copier/Printer terminal. In its condition as imported, the Regal 5790 multifunction device features a digital Raster Output Scanner (ROS) which is capable of scanning "hard copy" original documents to create "master" copies. These copies can then be reproduced, via an electrostatic laser printing engine, to produce color or black and white originals of the scanned documents.

The Xerox 5790 Regal Multifunction device consists of a single unit which incorporates electrostatic photocopying and laser (ADP) output functions. The laser printing and photocopying functions share a single electrostatic imaging system which produces images by adhering color toners to plain paper by means of a photoreceptor drum. The copier can make black and white copies at a speed of 36 prints per minute, and can make color prints at a speed of 9 prints per minute. The Regal 5790 device also features a raster output scanner which is used in connection with document production. Also featured is a document input scanner which allows "hard copy" documents to be scanned and converted into digital "masters". To the extent this input scanning function is used in connection with an output function of the device, it is generally used with the electrostatic photocopying function.

The "Regal 5790" multifunction device meets the definition of a composite machine as per GRI-3. It is estimated that between 70 and 80 percent of all machines will utilize color servers and ADP connectivity, denoting ADP output as the terminal's principal function. As noted previously, the copy speeds for the "Regal 5790" are 36 prints per minute for black and white copies,( for an 8 « inch by 11 inch document), or 9 prints per minute for color prints of the same size document. The copy speeds for the "Regal 5790" are the same, regardless of whether the device is being used as an ADP output printer, or as a "stand alone" copier.

Xerox intends to import the "Regal 5790" with the printer toner cartridge removed, packaged separately, and over packed with the device. In its imported condition therefore, the "Regal 5790" is not an "assembled" printer as per Heading 8471.92.36.

The applicable subheading for the "Regal 5790" multifunction Color Copier/Printer imported in an unassembled format will be 8471.92.5400, Harmonized Tariff Schedule of the United States (HTS), which provides for other ADP laser printer units capable of producing more than 20 pages per minute. The rate of duty will be free. In 1996, the applicable subheading will be 8471.60.6100, HTS. The rate of duty will also be free.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Art Brodbeck at 212-466-5490.

Sincerely,

Roger J. Silvestri
Director

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