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NY B80597




January 10, 1997

CLA-2-90:RR:NC:1:110 B80597

CATEGORY: CLASSIFICATION

TARIFF NO.: 9009.12.0000

Ms. Joanne M. Radke
Oce-USA, Inc.
1800 Bruning Drive West
Itasca, Illinois 60143

RE: The tariff classification of a high production electrostatic copier from Holland.

Dear Ms. Radke:

In your letter dated January 3, 1997, you requested a tariff classification ruling.

The merchandise under consideration involves a model 2600 copier system that consists of five major modules. The five modules includes the following: Module 1282 (exposure module); Module 1284 (process module); Module 1287 (recycling document feeder); Module 1285 (paper tray module); and Module 1288 (finisher).

Modules 1282, 1284, and 1287 operate together to actually perform the copying process. These modules are referred to as the main unit of the Model 2600 copier. Module 1285 serves as the source for the automatic feeding of blank paper into the copier. Paper is supplied to the main unit (modules 1282, 1284, and 1287) from the paper tray. The paper compartment of the main unit has the capacity for handling two paper trays. The paper trays can hold a combined total of 4,500 sheets of blank paper. These trays can be refilled during the copying process to ensure a continuous supply of paper to the main unit during large copy jobs. The tray cannot operate independently of the main unit.

The finisher (module 1288) is attached on top of the right portion of the copier. The finisher receives the output copies from the main body and performs a variety of functions, such as sort, stack, or staple, according to the needs of the operator. The finisher has the capacity for handling up to 2,450 sheets of copies. It does not contain an independent powers source, instead it derives its power from the main unit as programmed by the operator of the copier.

Each copier imported is shipped complete with modules 1282, 1283, 1287, 1285, and 1288 together in one shipment. The modules are not physically attached during shipment, and are separately packed. After resale in the U.S., the modules are attached at the customer's facilities.

The Oce 2600 copier uses a dry toner electrophotographic process, has a copying speed of 100 copies per minute, weighs 2,205 pounds, and is 100 inches in width.

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Legal Note 3 to Chapter 90 states that where a machine (including a combination of machines) consisting of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function by one of the headings in chapter 84, 85, or chapter 90, then the whole falls to be classified in the heading appropriate to that function.

It is our opinion that the paper tray module which performs a storing function for the paper, and the finishing module, which performs sorting, stapling and stacking functions, are essential to the performance of the copying function, since these are high production copying machines. Thus, when the five modules of this Model 2600 copier are shipped together, we would consider it to fall under the definition of a "functional unit" as per Legal Note 3 to Chapter 90.

The applicable subheading for the Model 2600 copier (consisting of the five modules) will be 9009.12.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for electrostatic photocopying apparatus, operating by reproducing the original image via an intermediate onto the copy (indirect process). The rate of duty will be 3.7 percent ad valorem.

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,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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