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HQ 961993




July 24, 1998

CLA-2 RR:CR:GC 961993 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9009.90.50

Mr. Arthur K. Purcell
Neville, Peterson & Williams
80 Broad Street
New York, NY 10004

RE: Incomplete Optics Housing

Dear Mr. Purcell:

This is in response to your letters of June 26, 1996, and May 28, 1998, to the Port Director of Customs, New York, on behalf of Xerox Corporation, concerning the classification of an incomplete optics housing under the Harmonized Tariff Schedule of the United States (HTSUS). Your letters were referred to this office for a response.

FACTS:

The merchandise consists of an incomplete optics housing (Part No. 62K7631) which, when finished, will be used in the manufacture of the "Spirit" and "Destiny" model electrostatic photocopiers. In its condition as imported, the merchandise incorporates six mirrors nested in three carriages, as well as belts, pulleys, drive shafts, springs, motors, and other components designed to help move the mirrors from one position to another. Such an operation aids the photocopiers in magnifying or reducing images to size, and otherwise adjusting imaging resolutions. The missing illumination source, lens, and document registration glass will not be added to the housing until after importation of the incomplete housing into the U.S.

ISSUE:

Whether the incomplete optics housing is classifiable under subheading 9009.90.10, HTSUS, as other parts of photocopying apparatus of subheading 9009.12,
HTSUS, specified in additional U.S. note 5, HTSUS, to chapter 90, HTSUS, or under subheading 9009.90.50, HTSUS, as other parts of electrostatic copying machines of subheading 9009.12, HTSUS.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The HTSUS provisions under consideration are as follows:

9009 Photocopying apparatus incorporating an optical system or of the contact type and thermocopying apparatus; parts and accessories thereof:

Electrostatic photocopying apparatus:

9009.12.00 Operating by reproducing the original image via an intermediate onto the copy (indirect process).

9009.90 Parts and accessories:

Parts of photocopying apparatus of subheading 9009.12 specified in additional U.S. note 5 to this chapter

9009.90.10 Parts other than photoreceptors or assemblies containing photoreceptors.

Other:

9009.90.50 Parts and accessories, other than photoreceptors or assemblies containing photoreceptors, of electrostatic copying machines of subheading 9009.12.

Chapter 90, additional U.S. note 5(b), HTSUS, states that:

5. Subheadings 9009.90.10 and 9009.90.30 cover the following parts of photocopying apparatus of subheading 9009.12:

(b) Optics assemblies, incorporating more than one of the following: lens, mirror, illumination source, document exposure glass.

There is no question that the subject merchandise is a part of electrostatic copying machines, themselves classifiable in heading 9009, HTSUS, specifically under subheading 9009.12.00, HTSUS. However, you claim that the incomplete optics housing is precluded from classification under subheading 9009.90.10, HTSUS, because it does not meet the description of an optics assembly as given in chapter 90, additional U.S. note 5(b), HTSUS. You state that although the housing incorporates six mirrors, it does not contain a lens, illumination source, or document exposure glass.

We agree with your conclusion. The correct interpretation of chapter 90, additional U.S. note 5(b), HTSUS, is that an item must contain at least two of the components listed to qualify as an optics assembly. As we stated previously, in its condition as imported, the incomplete optics housing only contains one of the listed items (six mirrors). Therefore, the housing is precluded from classification under subheading 9009.90.10, HTSUS, and is classifiable under subheading 9009.90.50, HTSUS.

HOLDING:

The incomplete optics housing is classifiable under subheading 9009.90.50, HTSUS, as other parts of electrostatic copying machines of subheading 9009.12, HTSUS.

Sincerely,

John Durant, Director
Commercial Rulings Division

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