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NY D84002




October 28, 1998

CLA-2-84:RR:NC:1:110 D84002

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.5000

Mr. R. Brian Burke
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017

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

Dear Mr. Burke:

In your letter dated October 21, 1998, on behalf of Minolta Corporation, you requested a tariff classification ruling.

The merchandise under consideration is a toner cartridge which is designed for use on the "Minolta PageWorks 35" laser printer. The cartridge consists of a plastic housing which measures approximately 13 « inches in length by 4 inches in width, and has a height of 3 3/4 inches. This cartridge contains the toner box, agitating roller, stirrer, gears, and other mechanical and electrical parts. The Minolta PageWorks 35 cartridge is designed to distribute the necessary amount of toner through its agitating roller to the drum cartridge. These cartridges are imported filled with toner and are replaced after the toner supply has been exhausted.

This toner cartridge for the Minolta PageWorks 35 laser printer contains moving parts and electrical connections without which the laser printer cannot operate. Note that Additional U.S. Note 2 is precluded since this laser toner cartridge only consists of a toner receptacle unit, without a photoreceptor belt, toner developing unit, charge/discharge unit or cleaning unit. It is noted that Headquarters Letter 089122 and HQ 958890 were the subject of similar automatic data processing machine laser printer toner cartridges. This toner cartridge would meet the definition of a composite good, as per GRI-3(b), and its essential character is exemplified by the mechanical housing.

The applicable subheading for the "Minolta PageWorks 35" laser printer toner cartridge will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of the machines of heading 8471 not incorporating a cathode ray tube. 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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