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NY B89297




September 9, 1997

CLA-2-84:RR:NC:1:110 B89297

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.5000

Mr. N.F. Visconti
Kyocera Electronics, Inc.
2301-300 Cottontail Lane
Somerset, N.J. 08873

RE: The tariff classification of a toner cartridge from Japan.

Dear Mr. Visconti:

In your letter dated September 2, 1997, you requested a tariff classification ruling.

The merchandise under consideration involves a model number TK-16 toner cartridge that is designed to be used with automatic data processing (ADP) printers.

The model TK-16 consists of a mechanical toner cartridge and microfine ceramic toner that is inside of the cartridge. It incorporates numerous gear wheels, scraper toner assembly, and an agitator for the toner. This cartridge functions as an agitator for the toner, but also functions as a toner feed mechanism which operates in conjunction with the printer motor. The gear and cartridge interplay with the printer, and are installed wholly within the printer housing. The gears and agitator, which are moving parts, become integral and component parts of the printing machine.

The model TK-16 mechanical toner cartridge meets the definition of a composite good since the toner cartridge housing directly interplays with the printer and the printer motor. The "essential character" of this toner cartridge, noting GRI-3(b), is exemplified by this mechanical interplay with the printer. This toner cartridge is also similar to the mechanical toner cartridge in NY Ruling Letter B88081.

The applicable subheading for the model number TK-16 toner cartridge will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of the machines of heading 8471. 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,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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