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NY 816461




November 22, 1995

CLA-2-84:R:N1:110 816461

CATEGORY: CLASSIFICATION

TARIFF NO.: 3707.90.3290

Mr. Yoshihiro Saito
Graham & James
2000 M Street, N.W.
Suite 700
Washington, D.C. 20036-3307

RE: The tariff classification of toner bottles (cartridges) from Japan.

Dear Mr. Saito:

In your letter dated November 2, 1995, on behalf of Ricoh Corporation, you requested a tariff classification ruling.

The merchandise under consideration involves toner cartridges for use solely and principally with electrostatic photocopying machines. The toner cartridge will contain black toner powder for copiers, and will be imported in a sealed condition.

The toner cartridge models under consideration are described as "Phoenix", "Adam", and "Skylark" respectively. All three models are constructed of molded plastics and have certain common physical characteristics. The cartridges are non-reusable, and all three are cylindrical in shape, much like a bottle, and have spiral grooves engraved in the body of the cartridges. They also have tiny cast "bumps" on its surface. It is your opinion that these grooves, shoulders and bumps are designed specifically to facilitate movement, agitation and dispersion of the toner contents of the cartridge bottle. For insertion of one of the cartridges into the cartridge housing unit of a copier, the plastic cap on the cartridge must be removed by the operator.

This imported toner "cartridge" fits into a mechanical cartridge housing of a copier, and rotates within the machine. It does not however incorporate any mechanical or electrical components which become integral, constituent, component parts of the copier machine. Without the mechanical cartridge that this imported toner "bottle" fits into, it would not be sufficiently advanced in manufacturing to have the identity of a photocopier part. The imported article is therefore not a composite article since the bottle portion does not have the essential character of a photocopier part. The bottle of this toner cartridge device is therefore merely a container for the conveyance and storage of the toner, even though they are specially shaped.

The applicable subheading for the three models of toner cartridges will be 3707.90.3290, Harmonized Tariff Schedule of the United States (HTS), which provides for other chemical preparations for photographic uses. The rate of duty will be 8.1 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 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, or Gil Brownchweig at 212-466-5744.

Sincerely,

Roger J. Silvestri
Director

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