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NY E81733




May 12, 1999

CLA-2-84:RR:NC:1:110 E81733

CATEGORY: CLASSIFICATION

TARIFF NO.: 8473.30.5000

Ms. Sue Cowsert
Imaging Communications Ltd.
133 ICMI Drive
Dunbar, PA 15431

RE: The tariff classification of Laser Printer Toner Cartridges from Hong Kong

Dear Ms. Cowsert:

In your letter dated April 29, 1999, you requested a tariff classification ruling.

The merchandise under consideration involves various models of toner cartridges that are designed to be used with laser printers. The cartridges consist essentially of a cartridge that includes various moving parts, gears, and rollers as well as a powder flow agent (black toner) that produces an image on the printing service.

Most of the laser toner cartridges, such as model # 7-10935 (replaces HP C3909A), consist of the following components: OPC drum; toner; primary charge roller; metering or doctor blade; magnetic developer roller; wiper blade; seals; toner sensor bar; and the plastic outer casing. The cartridge receives an electrical current from the laser printer into the PCR that charges the OPC receiving the toner from the hopper by way of the magnetic developer roller past the metering blade. The OPC rotates over the paper and deposits the toner onto the surface. The OPC is then wiped clean of the toner residue with the wiper blade. The rotation of the OPC picking up toner, depositing onto the printing surface and being once again wiped clean continues in this action until the electrical charge ceases to flow from the laser printer. The rotation of the OPC and other rollers is orchestrated by protruding gears of the cartridge that fit in the corresponding gears of the printer model. The printer equipment has been designed to function only with the toner cartridge physically installed in the laser printer.

The toner cartridges are imported and sold with the toner inside of the cartridge, and remain with the printer throughout its use by the laser printer. They are specifically designed for use with the laser printer, and are normally not designed for reuse. Noting Mita Copystar America v United States, Appeal decision 98-1203, these toner cartridges would meet the definition of a “part” of an ADP laser printer. Legal Note 2 (b) to Section XVI of the HTS, these toner cartridges would thus fall under the parts provision for laser printers.

The applicable subheading for the laser toner cartridges 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 212-637-7019.

Sincerely,

Robert B. Swierupski
Director,

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