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NY D81942




September 3, 1998

CLA-2-90:RR:NC:1:110 D81942

CATEGORY: CLASSIFICATION

TARIFF NO.: 9009.90.5000

Mr. John M. Peterson
Neville, Peterson & Williams
80 Broad Street, 34th Floor
New York, N.Y. 10004

RE: The tariff classification of a fuser roller insert from Japan.

Dear Mr. Peterson:

In your letter dated August 26, 1998, on behalf of Katun Corporation, you requested a tariff classification ruling.

The merchandise under consideration involves an aluminum fuser roller insert which is used in the manufacture of the "Mita" DC-2355 plain paper copier. This fuser roller insert measures approximately 15 « inches in length. It features a center barrel, manufactured from a length of seamless tubing, which measures approximately 13 inches in length, and has a circumference of approximately 3 « inches. Machined flanges have been welded to each side of the central barrel. One side features a flange which extends approximately 1 inch from the central barrel, and measures approximately 2 3/8 inches in circumference. It features an indented groove machined approximately 1/16 inch from the end. The end of this flange is tapered. The other end of the fuser roller insert features another flange, measuring approximately 1 « inches in length, measured from the base of the central tube.

The fuser roller is used to apply heat to paper, plastic or other media utilized in the electrostatic copying process, in order to bond the electropositive toner image generated by contact with a charged photoreceptor, to the copy media.

In its condition as imported, this aluminum fuser roller insert has the "essential character" of a fuser roller. It has been so far processed so as to dedicate it solely for use as the upper fuser roller in the "Mita" DC 2355 plain paper photocopier. This fuser roller insert also has been machined and assembled to the exact size and dimensions of the finished fuser rollers. Note that this product appears similar to the fuser rollers for electrostatic copying machines cited in NY Ruling Letters A85693 and NY 808224. Additionally, this aluminum fuser roller insert is not imported in a subassembly format and does not contain two or more components for such an assembly. Since this fuser roller is not imported in a subassembly format (image fixing assembly), and does not contain two or more components for such an assembly, consideration under the Additional U.S. Note 5(d) to Chapter 90 would be precluded.

The applicable subheading for the instant aluminum fuser roller insert will be 9009.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of photocopying machines, other than photoreceptors or assemblies containing photoreceptors, of electrostatic copying machines of subheading 9009.12. 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
Director,

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