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NY A83022




May 1, 1996

CLA-2-84:RR:NC:MA:110 A83022

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.3000

Mr. Michael Bozek
Okidata
532 Fellowship Road
Mount Laurel, N.J. 08054

RE: The tariff classification of a print cartridge from Thailand.

Dear Mr. Bozek:

In your letter dated April 22, 1996, you requested a tariff classification ruling.

The merchandise under consideration involves a print cartridge which is known as an "EP" cartridge and is designed for use in both automatic data processing (ADP) printing machines and facsimile machines.

This EP cartridge is designed for use in a "OL" Light Emitting Diode (LED) page printer, and the "OF" series facsimile machines. Both printers and facsimile machines use a LED head as the exposure method. Dry electrophotography is used as the development method. An EP cartridge consists of an electrophotographic receptor; charging and developing roller subassemblies, plus a toner cartridge assembly. The EP cartridge is essentially an image forming device, wherein images may be printed on plain paper from a photosensitive drum (EP), which carries a latent charged image that attracts toner in a thin layer. The toner image is then transferred from the drum to the paper and fused.

Replacement EP cartridges are sold and individually packaged to consumers. Although the identical EP cartridge can be used in a printer or facsimile machine, each package is labeled as either a printer part or a facsimile part. Based on information provided for similar models of print cartridges, and principal use data provided by the inquirer, the EP cartridge would appear to be principally used with ADP LED page printers. Noting Legal Note 2 (b) to Section XVI of the Harmonized Tariff Schedule (HTS), and Additional U.S. Note 2 (c) to Chapter 84 of the HTS, the "EP" cartridge is therefore considered to be parts of ADP printers of subheading 8471.60.

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

This ruling is being issued under the provisions of Part 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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